US v. Fernando Garcia, No. 09-4490 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4490 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FERNANDO GARCIA, a/k/a Jose Garcia-Hernandez, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:08-cr-00243-TDS-1) Submitted: July 1, 2010 Decided: July 15, 2010 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. James E. Quander, Jr., QUANDER & RUBAIN, P.A., Winston-Salem, North Carolina, for Appellant. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Fernando Garcia pled guilty to one count of illegal reentry by a previously deported alien who had been convicted of an aggravated felony, in violation of 8 U.S.C. ยง 1326(a), (b)(2) (2006). He was sentenced to sixty months imprisonment. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), certifying there are no meritorious arguments for appeal. Garcia did not file a pro se supplemental brief and the Government did not file a response brief. We affirm. We hold, based on our review of the Rule 11 hearing, that Garcia s guilty plea was knowing and voluntary. affirm the conviction. investigation counsel s that report argument there district was court s no We have also reviewed the presentence and for Thus, we a the sentencing transcript, below-Guidelines procedural decision or to sentence, substantive impose including a and error in hold the within-Guidelines sentence. In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm Garcia s conviction and sentence. This court requires that counsel inform Garcia, in writing, of his right to petition the Supreme Court of the United States for further review. If Garcia requests a petition be filed, but counsel that believes such a petition 2 would be frivolous, counsel may move representation. in this court for leave to withdraw from Counsel s motion must state that a copy thereof was served on Garcia. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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