United States v. Terrance Hood

469 F. App'x 499

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 22, 2012
• Docket: 11-1993
• Status: Unpublished

Opinion

PER CURIAM.

Pursuant to a written plea agreement, Terrance Hood pleaded guilty to a drug-conspiracy offense, and the district court 1 sentenced him to 188 months in prison and 5 years of supervised release. Hood appeals, and his counsel has moved to withdraw, submitting a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he argues that the sentence is unreasonable. Hood has filed a pro se supplemental brief asserting that the court miscalculated his criminal history score and that his attorney failed to object to the score.

Because Hood’s sentence falls within the applicable Guidelines range, a presumption arises that his sentence is not substantively unreasonable. He has not rebutted that presumption, and accordingly, we conclude that the sentence is not unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Valadez, 573 F.3d 553, 556 (8th Cir.2009) (per curiam). Further, we will not address the supplemental-brief arguments about Hood’s criminal history score, because he stipulated in the plea agreement that he would be sentenced as a career offender with a Category VI criminal history, see United States v. Early, 77 F.3d 242, 244 (8th Cir.1996) (per curiam); and any ineffective-assistance claim he may have intended to raise is not properly before us in this direct criminal appeal, see United States v. Hughes, 330 F.3d 1068, 1069 (8th Cir.2003).

Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1 . The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa.