United States v. Palmira Garcia ( 2021 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 21-2521
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Palmira Garcia
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa
    ____________
    Submitted: December 21, 2021
    Filed: December 28, 2021
    [Unpublished]
    ____________
    Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Palmira Garcia appeals the sentence the district court1 imposed after she pled
    guilty to a drug offense. Her counsel has moved to withdraw and has filed a brief
    1
    The Honorable Rebecca Goodgame Ebinger, United States District Judge for
    the Southern District of Iowa.
    under Anders v. California, 
    386 U.S. 738
     (1967), challenging the district court’s
    denial of a mitigating-role reduction and the substantive reasonableness of Garcia’s
    sentence.
    After careful review of the record, we conclude the district court did not clearly
    err in declining to apply a mitigating-role reduction. See United States v. Hunt, 
    840 F.3d 554
    , 557 (8th Cir. 2016) (standard of review). We also conclude the district
    court did not abuse its discretion when sentencing Garcia. See United States v.
    Salazar-Aleman, 
    741 F.3d 878
    , 881 (8th Cir. 2013) (standard of review); United
    States v. McCauley, 
    715 F.3d 1119
    , 1127 (8th Cir. 2013) (recognizing when a district
    court varies below the United States Sentencing Guidelines Manual range, it is
    “nearly inconceivable” that court abused its discretion in not varying downward
    further).
    Further, having independently reviewed the record under Penson v. Ohio, 
    488 U.S. 75
     (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant
    counsel leave to withdraw and affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 21-2521

Filed Date: 12/28/2021

Precedential Status: Non-Precedential

Modified Date: 12/28/2021