United States v. Solorio-Menera

91 F. App'x 535

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 31, 2004
• Docket: 02-3361
• Status: Unpublished

Opinion

PER CURIAM.

Idelfonso Solorio-Menera pleaded guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. The district court 1 sentenced him to 168 months imprisonment and 5 years supervised release. On appeal, Mr. Solorio-Menera’s counsel has moved 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), rais ing the issues of whether Mr. Solorio-Menera received ineffective assistance of counsel and whether he should have received a safety-valve reduction in his sentencing offense level.

After careful review, we conclude these issues are meritless. Mr. Solorio-Menera refused to participate in an interview with the government, see U.S.S.G. §§ 2Dl.l(b)(6) (providing for 2-level reduction if defendant meets § 5C1.2 criteria), 5C1.2 (requiring that defendant, among other things, truthfully provide government with all information and evidence he has concerning offense); and the ineffective-assistance claim is not properly before us, see United States v. Jackson, 204 F.3d 812, 815 (8th Cir.2000); United States v. Santana, 150 F.3d 860, 863 (8th Cir.1998).

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

1 . The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.