United States v. Nicholas Garcia, No. 18-2307 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Shepherd, and Kobes, Circuit Judges] Criminal case - Sentencing. Anders case. District court properly considered the 3553(a) factors and did not impose an unreasonable sentence. [ January 25, 2019
Download PDF
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for the Southern District of Iowa - Council Bluffs ____________ Submitted: January 15, 2019 Filed: January 28, 2019 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.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. ยง 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. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
