United States v. Javier Garcia-Hernandez

684 F. App'x 587

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 28, 2017
• Docket: 16-3546
• Status: Unpublished

Opinion

PER CURIAM.

Javier Santos Garcia-Hernandez (Garcia) directly appeals the judgment of the district court 1 entered upon a jury verdict finding him guilty of conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced Garcia at the bottom of the advisory Guidelines range to 121 months in prison, and on appeal, he challenges the reasonableness of the sentence in a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Following careful review, we find no abuse of discretion. See United States v. Harlan, 815 F.3d 1100, 1107 (8th Cir. 2016) (standard of review; a within-Guidelines sentence is presumed reasonable on appeal). In addition, we found no nonfrivo-lous issue during our independent review in accordance with Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988).

The judgment of the district court is affirmed, and counsel’s motion to withdraw is granted.

1 . The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.