UNITED STATES v. SANCHEZ VALENCIA (2018)

[Unpublished]

Francisco Sanchez-Valencia directly appeals the Guidelines-range sentence the district court ¹ imposed after he pled guilty to participating in a drug conspiracy. His appellate counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting that--as a result of plea counsel’s ineffective assistance--Valencia’s guilty plea was not knowing and voluntary and his sentence was unreasonable.

We first conclude that Valencia’s assertion that his guilty plea was unknowing or involuntary is not cognizable on direct appeal because he did not move in the district court to withdraw his guilty plea. See United States v. Foy, 617 F.3d 1029, 1033-34 (8th Cir. 2010). We further decline to consider any ineffective-assistance claim on direct appeal, as they are best litigated in collateral proceedings where the record can be properly developed. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006). Finally, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.

PER CURIAM.