Elawyers Elawyers
Washington| Change

United States v. Alberto Torres, 04-4031 (2006)

Court: Court of Appeals for the Eighth Circuit Number: 04-4031 Visitors: 12
Filed: Jan. 20, 2006
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-4031 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Alberto Torres, * * [UNPUBLISHED] Appellant. * _ Submitted: January 5, 2006 Filed: January 20, 2006 _ Before MURPHY, COLLOTON, and BENTON, Circuit Judges. _ PER CURIAM. Alberto Torres pleaded guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine, i
More
                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 04-4031
                                  ___________

United States of America,              *
                                       *
            Appellee,                  *
                                       * Appeal from the United States
      v.                               * District Court for the
                                       * District of Nebraska.
Alberto Torres,                        *
                                       * [UNPUBLISHED]
            Appellant.                 *
                                  ___________

                             Submitted: January 5, 2006
                                Filed: January 20, 2006
                                 ___________

Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
                          ___________

PER CURIAM.

      Alberto Torres pleaded guilty to conspiring to distribute and possess with
intent to distribute 500 grams or more of methamphetamine, in violation of
21 U.S.C. § 846. The district court1 sentenced him to 210 months’ imprisonment and
5 years’ supervised release. Torres did not appeal. The government later filed a
motion pursuant to Federal Rule of Criminal Procedure 35(b) to reduce the sentence.
The district court granted the motion and reduced Torres’s sentence to 120 months’
imprisonment and 5 years’ supervised release.

      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
       On appeal, counsel has moved to withdraw and filed a brief under Anders v.
California, 
386 U.S. 738
(1967). In pro se submissions, Torres claims ineffective
assistance of counsel, but any such claim should be raised in a motion pursuant to 28
U.S.C. § 2255. See United States v. Lee, 
374 F.3d 637
, 654 (8th Cir. 2004), cert.
denied, 
125 S. Ct. 2962
(2005). Having reviewed the record independently under
Penson v. Ohio, 
488 U.S. 75
, 80 (1988), we find no nonfrivolous issues.
Accordingly, we affirm the judgment, grant counsel’s motion to withdraw, and deny
Torres’s request for new appellate counsel.
                        ______________________________




                                         -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer