United States v. Eduardo Contreras-Flores

435 F. App'x 580

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 19, 2011
• Docket: 11-1946
• Status: Unpublished

Opinion

PER CURIAM.

Eduardo Contreras-Flores pleaded guilty to illegal reentry after deportation. See 8 U.S.C. § 1326(a) and (b). The district court 1 sentenced him to 77 months in prison and 2 years of supervised release. His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that the sentence is unreasonable. Contreras-Flores has filed a supplemental brief challenging his sentence and asserting that his trial counsel was ineffective.

Contrary to counsel’s and Contreras-Flores’s arguments, we conclude that the district court committed no procedural error in sentencing Contreras-Flores, and that the court imposed a substantively reasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc); United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008). We decline to review Contreras-Flores’s ineffective-assistance claims in this direct appeal. See United States v. Looking Cloud, 419 F.3d 781, 788-89 (8th Cir.2005).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

1 . The Honorable Karen E. Schreier, Chief Judge, United States District Court for the District of South Dakota.