United States v. Francisco Sanchez-Valencia ( 2018 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-3216
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Francisco Sanchez-Valencia, also known as Paco
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the District of Nebraska - Lincoln
    ____________
    Submitted: September 4, 2018
    Filed: September 4, 2018
    [Unpublished]
    ____________
    Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
    ____________
    PER CURIAM.
    Francisco Sanchez-Valencia directly appeals the Guidelines-range sentence the
    district court1 imposed after he pled guilty to participating in a drug conspiracy. His
    1
    The Honorable John M. Gerrard, United States District Judge for the District
    of Nebraska.
    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
    (1988), we find no nonfrivolous issues for
    appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.
    ______________________________
    -2-