United States v. Francisco Velasquez


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Duane Benton (UNPUBLISHED) [4045213] [12-3348]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3348 ___________________________ United States of America lllllllllllllllllllll Appellee v. Francisco Velasquez, also known as Cisco, also known as Angel Paez-Alvaro lllllllllllllllllllll Appellant ____________ Appeal from United States District Court for the Western District of Arkansas ____________ Submitted: June 10, 2013 Filed: June 14, 2013 [Unpublished] ____________ Before GRUENDER, ARNOLD, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-3348 Page: 1 Date Filed: 06/14/2013 Entry ID: 4045213 Francisco Velasquez pleaded guilty to conspiring to distribute methamphetamine, see 21 U.S.C. ยงยง 841(a)(1), 846, and the district court1 sentenced him to 198 months' imprisonment. He contends, first of all, without elaboration, that his sentence is unconstitutional and "asks that the entire record be reviewed" to determine if any error occurred in "the conviction and sentencing process." Treating this part of Mr. Velasquez's brief as an Anders brief, see Anders v. California, 386 U.S. 738 (1967), we have undertaken an independent review pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), and have discovered no non-frivolous issues for appeal. Mr. Velasquez also maintains, again without elaboration, that he was denied his Sixth-Amendment right to effective assistance of counsel in the district court, see Strickland v. Washington, 466 U.S. 668 (1984). But we do not entertain such claims on direct appeal of a conviction unless a record supporting those claims has been made in the district court or "the result would otherwise be a plain miscarriage of justice." See United States v. Hernandez, 281 F.3d 746 (8th Cir. 2002). Neither exception applies in this case. Affirmed. ______________________________ 1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas. -2- Appellate Case: 12-3348 Page: 2 Date Filed: 06/14/2013 Entry ID: 4045213

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