UNITED STATES v. GARCIA (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Nicholas Anthony GARCIA, Defendant - Appellant.

No. 18-2307

Decided: January 28, 2019

Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.

Jason T. Griess, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Plaintiff - Appellee Joseph Gilbert Bertogli, The Plaza, Des Moines, IA, for Defendant - Appellant Nicholas Anthony Garcia, Pro Se

[Unpublished]

Nicholas Garcia directly appeals the sentence the district court ¹ imposed after he pleaded guilty to drug and firearm offenses. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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. § 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm.

FOOTNOTES

1. The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

PER CURIAM.

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