United States v. Theresa Morales

Eighth Circuit

United States v. Theresa Morales

693 F. App'x 482

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 25, 2017

Docket16-4297

StatusUnpublished

This text of 693 F. App'x 482 (United States v. Theresa Morales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Theresa Morales, 693 F. App'x 482 (8th Cir. 2017).

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Opinion

PER CURIAM.

In this direct criminal appeal, Theresa Morales challenges the sentence the district court 1 imposed following her guilty plea to drug and gun charges. Her counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence was substantively unreasonable. Morales, has filed 2 motions, in which she seeks appointment of new counsel; and asserts that she should have received a shorter sentence given her minor role, and that counsel was ineffective.

As to counsel’s argument that the below-Guidelines sentence was substantively unreasonable, we conclude that the district court, did not abuse its discretion, as it properly considered the' 18 U.S.C. § 3553(a) factors; there was no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. David, 682 F.3d 1074, 1077 (8th Cir. 2012) (standard of review); United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); and the sentence was below the Guidelines range, see United States v. Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam).

To the extent Morales is arguing that she should have received a minor role reduction, we conclude that the court did not clearly err in imposing the role enhancement (rather than a role reduction). See United States v. Camacho, 555 F.3d 695, 706 (8th Cir. 2009) (standard of review). We decline to address the ineffective-assis *483 tance claim on direct appeal, as it would be better litigated in a 28 U.S.C. § 2255 proceeding. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, deny both motions for new counsel, and affirm.

1

. The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

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PER CURIAM.

In this direct criminal appeal, Theresa Morales challenges the sentence the district court 1 imposed following her guilty plea to drug and gun charges. Her counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence was substantively unreasonable. Morales, has filed 2 motions, in which she seeks appointment of new counsel; and asserts that she should have received a shorter sentence given her minor role, and that counsel was ineffective.

As to counsel’s argument that the below-Guidelines sentence was substantively unreasonable, we conclude that the district court, did not abuse its discretion, as it properly considered the' 18 U.S.C. § 3553(a) factors; there was no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. David, 682 F.3d 1074, 1077 (8th Cir. 2012) (standard of review); United States v. Wohlman, 651 F.3d 878, 887 (8th Cir. 2011); and the sentence was below the Guidelines range, see United States v. Moore, 581 F.3d 681, 684 (8th Cir. 2009) (per curiam).

To the extent Morales is arguing that she should have received a minor role reduction, we conclude that the court did not clearly err in imposing the role enhancement (rather than a role reduction). See United States v. Camacho, 555 F.3d 695, 706 (8th Cir. 2009) (standard of review). We decline to address the ineffective-assis *483 tance claim on direct appeal, as it would be better litigated in a 28 U.S.C. § 2255 proceeding. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, deny both motions for new counsel, and affirm.

1

. The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

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