United States v. Maria Garcia

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Duane Benton and Bobby E. Shepherd (UNPUBLISHED); Granting [4398512-2] motion to withdraw as counsel filed by Ms. Karin Ciano. [4460478] [16-1094, 16-1501]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1094
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Maria Del Consuelo Garcia
lllllllllllllllllllll Defendant - Appellant
___________________________
No. 16-1501
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Adalit Morales Antonio, also known as Antonio Morales Adalit
lllllllllllllllllllll Defendant - Appellant
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Appeals from United States District Court
for the District of Minnesota - St. Paul
____________
Submitted: September 22, 2016
Filed: October 19, 2016
[Unpublished]
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Appellate Case: 16-1094

Page: 1

Date Filed: 10/19/2016 Entry ID: 4460478

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
These are consolidated direct criminal appeals from judgments entered by the
district court.1 Maria Garcia and Adalit Antonio were charged in the same indictment
with participating in a drug conspiracy. They both pleaded guilty, pursuant to plea
agreements containing appeal waivers, and the district court sentenced them to prison
terms below the statutory minimum, based on safety-valve relief. Their attorneys
have moved for leave to withdraw, and have filed briefs under Anders v. California,
386 U.S. 738 (1967), acknowledging the appeal waivers, but challenging the
reasonableness of the sentences. In addition, Garcia has filed a pro se supplemental
brief arguing that her sentence is unfair.
We conclude that the appeal waivers are enforceable. See United States v.
Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability
of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en
banc) (discussing enforcement of appeal waivers). Furthermore, we have
independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and
have found no non-frivolous issues for appeal. Accordingly, we grant both attorneys
leave to withdraw, and we dismiss these appeals.
______________________________

1

The Honorable Michael J. Davis, United States District Judge for the District
of Minnesota.
-2-

Appellate Case: 16-1094

Page: 2

Date Filed: 10/19/2016 Entry ID: 4460478