United States v. Carlos Garson

Case: 12-10906 Date Filed: 08/14/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-10906
Non-Argument Calendar
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D.C. Docket No. 6:11-cr-00126-GAP-KRS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS GARSON,
a.k.a. Charlie Torres,
a.k.a. Neiado Gonzalo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(August 14, 2013)
Before CARNES, Chief Judge, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
Case: 12-10906 Date Filed: 08/14/2013 Page: 2 of 2
Carlos Garson appeals his plea of guilty to aiding and abetting in the
possession of a firearm during a drug trafficking crime. 18 U.S.C. § 924(c)(1)(A),
(c)(2). We affirm.
Garson argues that we should vacate his plea of guilty for two reasons, but
he waived appellate review of both arguments. Garson argues that there was
insufficient evidence that he could reasonably foresee that his coconspirator would
have a firearm, but Garson waived his right to challenge the sufficiency of the
evidence by pleading guilty. See United States v. Ternus, 598 F.3d 1251, 1254
(11th Cir. 2010). Garson also argues that his plea was entered unknowingly, but
Garson failed to object after the magistrate judge recommended that the district
court accept the plea of guilty, see United States v. Garcia-Sandobal, 703 F.3d
1278, 1283 (11th Cir. 2013), and Garson invited the district court to accept his plea
by filing a notice stating that he did not object to the recommendation, see United
States v. Harris, 443 F.3d 822, 824 (11th Cir. 2006).
We AFFIRM Garson’s conviction.
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