United States v. Nicholas Garcia

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 28, 2019
• Docket: 18-2307
• Status: Unpublished

Opinion

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Submitted: January 15, 2019 Filed: January 28, 2019 [Unpublished] ____________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. § 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. ______________________________

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