United States v. Palmira Garcia

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 28, 2021
• Docket: 21-2521
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2521 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Palmira Garcia

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa ____________

Submitted: December 21, 2021 Filed: December 28, 2021 [Unpublished] ____________

Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Palmira Garcia appeals the sentence the district court1 imposed after she pled guilty to a drug offense. Her counsel has moved to withdraw and has filed a brief

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. under Anders v. California, 386 U.S. 738 (1967), challenging the district court’s denial of a mitigating-role reduction and the substantive reasonableness of Garcia’s sentence.

After careful review of the record, we conclude the district court did not clearly err in declining to apply a mitigating-role reduction. See United States v. Hunt, 840 F.3d 554, 557 (8th Cir. 2016) (standard of review). We also conclude the district court did not abuse its discretion when sentencing Garcia. See United States v. Salazar-Aleman, 741 F.3d 878, 881 (8th Cir. 2013) (standard of review); United States v. McCauley, 715 F.3d 1119, 1127 (8th Cir. 2013) (recognizing when a district court varies below the United States Sentencing Guidelines Manual range, it is “nearly inconceivable” that court abused its discretion in not varying downward further).

Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw and affirm. ______________________________

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