United States v. Maria Garcia


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Duane Benton and Bobby E. Shepherd (UNPUBLISHED); Granting [4398512-2] motion to withdraw as counsel filed by Ms.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

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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 ____________ Appeals from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: September 22, 2016 Filed: October 19, 2016 [Unpublished] ____________ Appellate Case: 16-1094 Page: 1 Date Filed: 10/19/2016 Entry ID: 4460478 Before SMITH, BENTON, and SHEPHERD, Circuit Judges.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

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