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United States v. Moreno-Fernandez, 98-2423 (1999)

Court: Court of Appeals for the Eighth Circuit Number: 98-2423 Visitors: 9
Filed: Mar. 19, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-2423 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Irineo Moreno-Fernandez, * [UNPUBLISHED] * Appellant. * _ Submitted: March 2, 1999 Filed: March 19, 1999 _ Before McMILLIAN, WOLLMAN, and HANSEN, Circuit Judges. _ PER CURIAM. Irineo Moreno-Fernandez pleaded guilty to possession of methamphetamine with intent to distribute, in violation of 21 U.
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 98-2423
                                    ___________

United States of America,                  *
                                           *
             Appellee,                     *
                                           *    Appeal from the United States
      v.                                   *    District Court for the
                                           *    Western District of Missouri.
Irineo Moreno-Fernandez,                   *         [UNPUBLISHED]
                                           *
             Appellant.                    *

                                    ___________

                          Submitted: March 2, 1999

                               Filed: March 19, 1999
                                    ___________

Before McMILLIAN, WOLLMAN, and HANSEN, Circuit Judges.
                         ___________

PER CURIAM.

       Irineo Moreno-Fernandez pleaded guilty to possession of methamphetamine
with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court1
sentenced Moreno-Fernandez to 120 months’ imprisonment and 5 years’ supervised
release. On appeal, counsel filed a brief pursuant to Anders v. California, 
386 U.S. 738
(1967), suggesting that the district court’s failure to conduct a sufficient factual

      1
      The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.
inquiry into Moreno-Fernandez’s ability to communicate with his interpreters,
combined with his lack of education, rendered his guilty plea involuntary.

      Having reviewed the transcript of the change-of-plea hearing, we reject this
contention. The district court specifically determined that Moreno-Fernandez
understood the plea agreement based on his discussions with his former interpreter;
the court also asked the interpreter who appeared at the hearing to alert the court
should Moreno-Fernandez have difficulty understanding anything anyone said during
the hearing. See United States v. Diaz-Vargas, 
35 F.3d 1221
, 1225-26 (7th Cir.
1994).

       In accordance with Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we have reviewed
the record for any nonfrivolous issues and have found none.

      The judgment is affirmed.

      A true copy.

            Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                        -2-

Source:  CourtListener

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