Professional Documents
Culture Documents
United States v. Garcia, 4th Cir. (2010)
United States v. Garcia, 4th Cir. (2010)
United States v. Garcia, 4th Cir. (2010)
No. 08-5199
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:06-cr-00797-JFA-1)
Submitted:
Decided:
August 3, 2010
PER CURIAM:
Leonicio Garcia appeals his conviction and 235 month
sentence for conspiracy to possess with intent to distribute and
distribute
heroin
and
cocaine,
in
violation
of
21
U.S.C.
99);
and
conspiracy
to
commit
money
laundering,
in
counsel
California,
386
has
U.S.
filed
738
brief
(1967),
pursuant
contending
to
Anders
there
are
v.
no
that his guilty plea was invalid, as his attorney advised him to
admit to conduct he did not commit, and that his attorney was
ineffective in advising him to stipulate to being a leader in a
conspiracy, telling him to agree to everything that was said
during
sentencing,
failing
to
argue
more
vigorously
for
We affirm.
To
establish
plain
error,
[Garcia]
must
United
Even if
Id.
minimum
penalty,
the
maximum
possible
penalty
he
the
record,
find
that
Garcias
guilty
After
plea
was
Next,
Garcias
counsel
contends
that
the
district
pursuant
to
USSG
2D1.1(b)(1).
However,
because
Additionally, we
found
judgment
them
of
to
the
be
unavailing.
district
court.
Therefore,
This
court
we
affirm
requires
the
that
client
requests
that
petition
be
filed,
but
If
counsel
move
in
representation.
was
served
on
this
court
for
leave
to
withdraw
from
client.
We
dispense
with
oral
argument