United States of America v. Eduardo Garcia Rios

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2878
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Eduardo Garcia Rios
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa
____________
Submitted: March 20, 2024
Filed: March 27, 2024
[Unpublished]
____________
Before SMITH, GRUENDER, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Eduardo Garcia Rios appeals the sentence the district court1 imposed after he
pled guilty to drug and firearm offenses. His counsel has moved for leave to
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

-- 1 of 2 --

withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the district court’s refusal to apply a mitigating-role reduction and the
substantive reasonableness of the sentence.
After careful review, we conclude the district court did not clearly err in
refusing to apply a mitigating-role reduction. See United States v. Garcia, 946 F.3d
413, 418-19 (8th Cir. 2019) (reviewing district court’s refusal to apply mitigating-role
reduction for clear error). We also conclude the district court did not abuse its
discretion in sentencing Garcia Rios. See United States v. Feemster, 572 F.3d 455,
461-62 (8th Cir. 2009) (en banc) (standard of review); United States v. McCauley,
715 F.3d 1119, 1127 (8th Cir. 2013) (noting when a district court has varied below
the United States Sentencing Guidelines Manual range, it is “nearly inconceivable”
that court abused its discretion by not varying downward further).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel
leave to withdraw and affirm.
______________________________
-2-

-- 2 of 2 --