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    United States v. Garcia, 10th Cir. (2011)

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    The United States Court of Appeals for the Tenth Circuit issued an order and judgment in the case of the United States of America v. Oscar Garcia. Garcia pled guilty to illegally reentering the United States after being deported for an aggravated felony. The district court sentenced Garcia to 57 months in prison, at the bottom of the applicable guidelines range. Garcia's counsel filed an Anders brief stating there were no reasonable grounds for appeal. After reviewing the record, the appellate panel agreed there were no non-frivolous grounds for Garcia to challenge his guilty plea or sentence. The panel granted the motion to withdraw and dismissed the appeal.

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    United States v. Garcia, 10th Cir. (2011)

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    The United States Court of Appeals for the Tenth Circuit issued an order and judgment in the case of the United States of America v. Oscar Garcia. Garcia pled guilty to illegally reentering the United States after being deported for an aggravated felony. The district court sentenced Garcia to 57 months in prison, at the bottom of the applicable guidelines range. Garcia's counsel filed an Anders brief stating there were no reasonable grounds for appeal. After reviewing the record, the appellate panel agreed there were no non-frivolous grounds for Garcia to challenge his guilty plea or sentence. The panel granted the motion to withdraw and dismissed the appeal.

    Original Description:

    Filed: 2011-08-09 Precedential Status: Non-Precedential Docket: 11-3012

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    The United States Court of Appeals for the Tenth Circuit issued an order and judgment in the case of the United States of America v. Oscar Garcia. Garcia pled guilty to illegally reentering the United States after being deported for an aggravated felony. The district court sentenced Garcia to 57 months in prison, at the bottom of the applicable guidelines range. Garcia's counsel filed an Anders brief stating there were no reasonable grounds for appeal. After reviewing the record, the appellate panel agreed there were no non-frivolous grounds for Garcia to challenge his guilty plea or sentence. The panel granted the motion to withdraw and dismissed the appeal.

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    4 views2 pages

    United States v. Garcia, 10th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit issued an order and judgment in the case of the United States of America v. Oscar Garcia. Garcia pled guilty to illegally reentering the United States after being deported for an aggravated felony. The district court sentenced Garcia to 57 months in prison, at the bottom of the applicable guidelines range. Garcia's counsel filed an Anders brief stating there were no reasonable grounds for appeal. After reviewing the record, the appellate panel agreed there were no non-frivolous grounds for Garcia to challenge his guilty plea or sentence. The panel granted the motion to withdraw and dismissed the appeal.

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    August 9, 2011
    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    Clerk of Court

    TENTH CIRCUIT

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    v.

    No.11-3012
    (D.C. No. 2:10-CR-20094-JWL-1)

    OSCAR GARCIA,

    (D. Kan.)

    Defendant-Appellant.

    ORDER AND JUDGMENT *

    Before OBRIEN, McKAY, and TYMKOVICH, Circuit Judges.

    After examining counsels Anders brief and the appellate record, this panel
    has determined unanimously that oral argument would not materially assist in the
    determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
    This case is therefore ordered submitted without oral argument.
    Appellant Oscar Garcia pled guilty to illegally reentering the United States
    after being deported subsequent to conviction for an aggravated felony, in
    violation of 8 U.S.C. 1326. The district court imposed a sentence of fifty-seven
    months imprisonment, at the bottom of the applicable guideline range, and

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
    however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
    Cir. R. 32.1.

    Appellant filed a notice of appeal. On appeal, Appellants counsel has filed a


    brief pursuant to Anders v. California, 386 U.S. 738 (1967), explaining why
    counsel believes there to be no reasonable grounds for appeal. Appellant and the
    government were both given the opportunity to file a response to the Anders brief
    but neither did so.
    After conducting a full examination of all the proceedings, id. at 744, we
    agree with defense counsel that Appellant has no non-frivolous grounds to raise
    on appeal. The record reveals no valid basis on which Appellant could challenge
    the entry of his plea of guilty or the district courts calculation of the applicable
    guidelines range for his sentence, which was not objected to below. As for the
    substantive reasonableness of Appellants sentence, the record reflects the district
    court carefully considered all of the 18 U.S.C. 3553(a) sentencing factors and
    concluded that a bottom-of-the-guidelines-range sentence would be most
    appropriate in this case. We see no grounds in the record for Appellant to rebut
    the presumption of reasonableness attached to this within-guidelines sentence.
    Because our thorough review of the record persuades us that Appellant can
    raise no meritorious issue on appeal, we GRANT counsels motion to withdraw
    and DISMISS the appeal.
    Entered for the Court

    Monroe G. McKay
    Circuit Judge
    -2-

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