United States Eighth Circuit

Defendant's sentence for failing to register as a sex offender is affirmed where 1) defendant was, at all times, properly informed of the correct potential term of ten years- incarceration for his offense; 2) defendant failed to object to the presentence report statements that differed from the advice he previously received; and 3) it was reasonable to infer that Garcia desired to avoid detection by law enforcement ultimately to avoid any of the countless burdens attendant to registration.

Appellate Information

• Decided 05/07/2010
• Published 05/07/2010

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD (Mark S. Falk, on the brief), for appellant.


• For Appellees:
  
• Jeremy Robert Jehangiri, AUSA, argued, Rapid City, SD (Gregg S. Peterson, on the brief) for appellee.