United States v. Ronald J. Riley, (8th Cir. 2003)

United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 03-1481

United States of America, Appellee, v. Ronald Jay Riley, Appellant.

Submitted: December 23, 2003

Filed: December 30, 2003

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Ronald Jay Riley pleaded guilty to conspiring to manufacture and distribute methamphetamine, in violation of 21 U.S.C. § 846. The district court1 sentenced him to 70 months imprisonment and 5 years supervised release. On appeal, Mr. RileyÂ’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967).

After careful review, we find the arguments raised in counsel§ 3621. We also conclude that any ineffective-assistance claims should be presented (if at all) in a 28 U.S.C. § 2255 motion. See United States v. Martinez-Cruz, 186 F.3d 1102, 1105 (8th Cir. 1999).

Finally, we have reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues. Accordingly, we affirm. We also grant counselÂ’s motion to withdraw, and deny the pending motion for a transfer.

Appeal from the United States District Court for the Western District of Missouri.

[UNPUBLISHED]

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