Filed: Jan. 28, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-2307 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Nicholas Anthony Garcia, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the Southern District of Iowa - Council Bluffs _ Submitted: January 15, 2019 Filed: January 28, 2019 [Unpublished] _ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. _ PER CURIAM. Nicholas Garcia directly appeals the sentence the distric
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-2307 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Nicholas Anthony Garcia, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the Southern District of Iowa - Council Bluffs _ Submitted: January 15, 2019 Filed: January 28, 2019 [Unpublished] _ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. _ PER CURIAM. Nicholas Garcia directly appeals the sentence the district..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-2307
___________________________
United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Nicholas Anthony Garcia,
lllllllllllllllllllllDefendant - Appellant.
____________
Appeal from United States District Court
for the Southern District of Iowa - Council Bluffs
____________
Submitted: January 15, 2019
Filed: January 28, 2019
[Unpublished]
____________
Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
____________
PER CURIAM.
Nicholas Garcia directly appeals the sentence the district court1 imposed after
he pleaded guilty to drug and firearm offenses. His counsel has filed a brief under
1
The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
Anders v. California,
386 U.S. 738 (1967), challenging the sentence as substantively
unreasonable.
After careful review, we conclude that the district court did not impose an
unreasonable sentence. The district court properly considered the factors set forth in
18 U.S.C. ยง 3553(a), and the sentence it imposed was below the advisory guideline
range. See United States v. Torres-Ojeda,
829 F.3d 1027, 1030 (8th Cir. 2016).
Having independently reviewed the record under Penson v. Ohio,
488 U.S. 75
(1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm.
______________________________
-2-