Background
The defendant pleaded guilty to conspiracy to possess with intent to distribute cocaine and received a stipulated sentence of two hundred seventy-six months in prison followed by five years of supervised release. He appealed, claiming ineffective assistance of counsel, but appellate counsel moved to withdraw under Anders v. California, asserting the appeal was frivolous.
The court’s reasoning
The panel reviewed the record and agreed with counsel that there were no nonfrivolous issues. The defendant’s ineffective assistance claim was not developed in the district court and must be brought on collateral review. The plea was voluntary, and the court lacked jurisdiction to challenge the stipulated sentence as it was within statutory limits and not greater than the plea agreement.
What it means going forward
Direct appeals challenging stipulated sentences or raising undeveloped ineffective assistance claims may be dismissed as frivolous, directing defendants to seek relief through Section twenty-two hundred fifty-five petitions.
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