DocketNumber: 12-3926
Citation Numbers: 533 F. App'x 694
Judges: Loken, Bye, Benton
Filed Date: 10/7/2013
Status: Non-Precedential
Modified Date: 11/6/2024
United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3926 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ana Vaca-Gomez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: September 30, 2013 Filed: October 7, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Ana Vaca-Gomez pleaded guilty to aiding and abetting the distribution of actual methamphetamine, and the district court1 sentenced her to 87 months in prison and 4 1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas. years of supervised release. On appeal, her counsel has moved to withdraw, and in a brief filed under Anders v. California,386 U.S. 738
(1967), counsel raises as issues (1) whether the sentence is excessive and unfair, and (2) whether Vaca-Gomez’s proffer interviews with the government should have resulted in a motion for a downward departure based on substantial assistance. In his motion to withdraw, counsel states that Vaca-Gomez believes that counsel rendered ineffective assistance. To the extent Vaca-Gomez raises a claim of ineffective assistance of counsel, we decline to consider it in this direct criminal appeal. See United States v. McAdory,501 F.3d 868
, 872-73 (8th Cir. 2007). We also reject the argument that the district court’s sentence was excessive and unfair, see United States v. Feemster,572 F.3d 455
, 461 (8th Cir. 2009) (en banc), and we find no basis in the record to conclude that the lack of a substantial-assistance departure motion in this case is a basis to challenge the sentence imposed, see United States v. Wolf,270 F.3d 1188
, 1190 (8th Cir. 2001). Last, having independently reviewed the record under Penson v. Ohio,488 U.S. 75
, 80 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we grant counsel’s motion to withdraw. ______________________________ -2-