United States v. Javier Garcia-Hernandez

United States Court of Appeals
For the Eighth Circuit
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No. 16-3546
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United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Javier Santos Garcia-Hernandez

lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: April 20, 2017
Filed: April 28, 2017
[Unpublished]
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Before RILEY, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.

Javier Santos Garcia-Hernandez (Garcia) directly appeals the judgment of the
district court1 entered upon a jury verdict finding him guilty of conspiracy to

1
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The
district court sentenced Garcia at the bottom of the advisory Guidelines range to 121
months in prison, and on appeal, he challenges the reasonableness of the sentence in
a brief filed under Anders v. California, 386 U.S. 738 (1967). Following careful
review, we find no abuse of discretion. See United States v. Harlan, 815 F.3d 1100,
1107 (8th Cir. 2016) (standard of review; a within-Guidelines sentence is presumed
reasonable on appeal). In addition, we found no nonfrivolous issue during our
independent review in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988).

The judgment of the district court is affirmed, and counsel’s motion to
withdraw is granted.
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