History
  • No items yet
midpage
United States v. Javier Garcia-Hernandez
684 F. App'x 587
| 8th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before RILEY, MURPHY, and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Javier Santos Garcia-Hernandez (Garcia) directly appeals the judgment of the district court entered upon a jury verdict finding him guilty of conspiracy to [1]

*2 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 (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 nonfrivolous issue during our independent review in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988). The judgment of the district court is affirmed, and counsel’s motion to withdraw is granted.

______________________________

-2-

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

Case Details

Case Name: United States v. Javier Garcia-Hernandez
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Apr 28, 2017
Citation: 684 F. App'x 587
Docket Number: 16-3546
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.