United States v. Anibal Carbajal-Galvan ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1109
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Anibal Carbajal-Galvan
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: July 24, 2019
Filed: July 29, 2019
[Unpublished]
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Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Anibal Carbajal-Galvan directly appeals after he pled guilty to illegal reentry,
and the district court1 sentenced him to a prison term below the calculated United
1
The Honorable Beth Phillips, Chief Judge, United States District Court for the
Western District of Missouri.
States Sentencing Commission Guidelines Manual range. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
questioning whether Carbajal-Galvan received ineffective assistance of counsel, and
whether Carbajal-Galvan’s prison term is substantively unreasonable.
Initially, we decline to consider any ineffective-assistance claims on direct
appeal. See United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002) (noting
generally an ineffective-assistance claim, not cognizable on direct appeal, is properly
raised in 28 U.S.C. § 2255 action). We further conclude the district court did not
impose a substantively unreasonable sentence. See United States v. Feemster, 572
F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentence under deferential
abuse-of-discretion standard and discussing substantive reasonableness). In addition,
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’s
motion to withdraw, and we affirm.
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