United States v. Moreno-Fernandez

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-2423 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Irineo Moreno-Fernandez, * [UNPUBLISHED] * Appellant. *

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Submitted: March 2, 1999

Filed: March 19, 1999 ___________

Before McMILLIAN, WOLLMAN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Irineo Moreno-Fernandez pleaded guilty to possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court1 sentenced Moreno-Fernandez to 120 months’ imprisonment and 5 years’ supervised release. On appeal, counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), suggesting that the district court’s failure to conduct a sufficient factual

1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

inquiry into Moreno-Fernandez’s ability to communicate with his interpreters, combined with his lack of education, rendered his guilty plea involuntary.

Having reviewed the transcript of the change-of-plea hearing, we reject this contention. The district court specifically determined that Moreno-Fernandez understood the plea agreement based on his discussions with his former interpreter; the court also asked the interpreter who appeared at the hearing to alert the court should Moreno-Fernandez have difficulty understanding anything anyone said during the hearing. See United States v. Diaz-Vargas, 35 F.3d 1221, 1225-26 (7th Cir. 1994).

In accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), we have reviewed the record for any nonfrivolous issues and have found none.

The judgment is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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