United States v. Edgar Lara-Garcia, No. 11-2507 (8th Cir. 2011)

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Court Description: Criminal case - Sentencing. Anders case. Sentence was not substantively unreasonable.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-2507 ___________ United States of America, Appellee, v. Edgar Lara-Garcia, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: December 21, 2011 Filed: December 28, 2011 ___________ Before MELLOY, BOWMAN, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Edgar Lara-Garcia pleaded guilty to illegal reentry after deportation. See 8 U.S.C. ยง 1326(a) and (b)(2). The district court1 sentenced him to 18 months in prison and 3 years of supervised release. On appeal, his counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the sentence was unreasonable. 1 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri. We conclude the district court did not impose an unreasonable sentence: the court committed no significant procedural error in sentencing Lara-Garcia, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (describing procedural error); and Lara-Garcia has not rebutted the presumption that his sentence, at the bottom of the undisputed Guidelines range, was substantively reasonable, see United States v. Hull, 646 F.3d 583, 588 (8th Cir. 2011) (sentence within advisory Guidelines range is presumed reasonable). Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issue. Accordingly, we grant counsel s motion to withdraw, and we affirm. ______________________________ -2-

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