At page 1006 Reviewing sentencing decisions under abuse of discretion standard42 citing casessentence within Guidelines range is presumptively reasonable on appeal
- State v. Miles, 956 N.W.2d 61 (S.D. 2021).publishedHe urges us to adopt the standard articulated in United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008). 8 This standard is used to review a district court’s application of the sentencing factors in 18 U.S.C. § 3553 “regardless of wh…
- United States v. Amelia Spiotto, No. 17-2916 (8th Cir. Dec. 27, 2018).unpublished“A sentence within the guidelines range is presumptively reasonable on appeal.” United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008), citing Rita v. United States, 551 U.S. 338, 347 (2007).
- United States v. Larry Dean Rederick, 709 F. App'x 377 (8th Cir. 2017).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008) (citing Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007)).
- United States v. Joshua Hunt, 599 F. App'x 611 (8th Cir. 2015).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Joseph Vanhorn, 740 F.3d 1166 (8th Cir. 2014).publishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008), quoting United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005).
- United States v. Bryant Griffin, 545 F. App'x 583 (8th Cir. 2013).unpublishedUnited States v. Ruelas-Mendez, 556 F.3d 655, 657 (8th Cir.2009); United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Diana Gamboa, 701 F.3d 265 (8th Cir. 2012).published“Credibility determinations ... are virtually unreviewable on appeal ... and [the district court may choose] between two permissible views of the evidence.... ” United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Moreno, 679 F.3d 1003 (8th Cir. 2012).publishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Juan Rodriguez-Gonzalez, 477 F. App'x 403 (8th Cir. 2012).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008) Rodriguez-Gonzalez has filed a pro se-supplemental brief raising additional issues.
- United States v. Anderson, 674 F.3d 821 (8th Cir. 2012).publishedThe district court’s credibility determination is “virtually unreviewable,” United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008), and the finding that Anderson perjured himself at trial is supported by the court’s credibility assess…
Show 26 more citing cases
- United States v. Augustine, 663 F.3d 367 (8th Cir. 2011).published United States v. Branch, 591 F.3d 602, 611 (8th Cir.2009) (quoting United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008)).
- United States v. Dolehide, 663 F.3d 343 (8th Cir. 2011).publishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Eduardo Contreras-Flores, 435 F. App'x 580 (8th Cir. 2011).unpublishedSee United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc); United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Butler, 646 F.3d 1038 (8th Cir. 2011).publishedThe district court’s credibility determinations are “virtually unreviewable on appeal.” United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Anthony Kiefer, 417 F. App'x 590 (8th Cir. 2011).unpublished(sentence within Guidelines range is presumptively reasonable on appeal)
- United States v. David Hernandez-Leonardo, 415 F. App'x 756 (8th Cir. 2011).unpublished(sentence within Guidelines range is presumptively reasonable on appeal)
- United States v. Julio Gonzalez-Lopez, 414 F. App'x 886 (8th Cir. 2011).unpublishedReviewing the sentence for abuse of discretion, see Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), we conclude that Gonzalez-Lopez has not rebutted the presumption of reasonableness that attaches to his wi…
- United States v. Brown, 634 F.3d 435 (8th Cir. 2011).published (declaring the “fact that ... co-defendants received sentences lower than [defendant’s] does not indicate his sentence is disproportionate or unreasonable)
- United States v. Rodolfo Rodriguez-Magallon, 397 F. App'x 273 (8th Cir. 2010).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008) (citing Rita v. United States, 551 U.S. 338, 347 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007)).
- United States v. Bryce Larue, 376 F. App'x 645 (8th Cir. 2010).unpublishedWe find the district court did not clearly err in rejecting Larue’s disingenuous interpretation, see United States v. Byas, 581 F.3d 723, 725 (8th Cir.2009) (“A district court’s ‘choice between two permissible views of the evidence is not…
- United States v. Rogelio Valenzuela-Lopez, 375 F. App'x 665 (8th Cir. 2010).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008).
- United States v. Bolivar-Diaz, 594 F.3d 1003 (8th Cir. 2010).published United States v. Ruelas-Mendez, 556 F.3d 655, 657 (8th Cir. 2009); United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008).
- United States v. Guiheen, 594 F.3d 589 (8th Cir. 2010).published A finding is clearly erroneous “only if we have a definite and firm conviction that a mistake has been made.” United States v. Byas, 581 F.3d 723, 725 (8th Cir.2009) (citing United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008)).
- United States v. Daine Joseph Adam Linderman, No. 09-1044 (8th Cir. Nov. 30, 2009).publishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008) (citing Rita v. United States, 551 U.S. 338, 347 (2007)).
- United States v. Linderman, 587 F.3d 896 (8th Cir. 2009).publishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008) (citing Rita v. United States, 551 U.S. 338, 347 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007)).
- United States v. Byas, 581 F.3d 723 (8th Cir. 2009).published United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008).
- United States v. Robert Andre Clay, 295 F. App'x 857 (8th Cir. 2008).unpublishedUnited States v. Garcia, 512 F.3d 1004, 1006 (8th Cir.2008) (citing Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2462 , 168 L.Ed.2d 203 (2007)).
- United States v. Toothman, 543 F.3d 967 (8th Cir. 2008).published United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008) (citing Gall v. United States, __U.S. __, __, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007)).
- United States v. Mooney, 534 F.3d 944 (8th Cir. 2008).published “A district court does not abuse its discretion by imposing a sentence within the applicable guidelines range merely because the statutory minimum sentence is lower than the guidelines range.” United States v. Garcia, 512 F.3d 1004,1006 (8…
- United States v. Razo-Guerra, 534 F.3d 970 (8th Cir. 2008).published
- United States v. Reynaldo Razo-Guerra, No. 07-2881 (8th Cir. July 25, 2008).published
- United States v. Abdullahi, 520 F.3d 890 (8th Cir. 2008).published
- United States v. Robinson, 516 F.3d 716 (8th Cir. 2008).published
- United States v. Buddy Blagg, 297 F. App'x 558 (8th Cir. 2008).unpublished
- United States v. Frank Waters, Jr., 306 F. App'x 348 (8th Cir. 2009).unpublished
- United States v. Jeffrey Cobb, 320 F. App'x 486 (8th Cir. 2009).unpublished
At page 1005 Reviewing factual findings for clear error on enhancement24 citing casesdescribing the clear error standard
- United States v. Jason Rodriguez, No. 20-1572 (8th Cir. Mar. 1, 2021).unpublished This court reviews the district court’s factual findings “regarding a defendant’s role in a criminal activity for clear error.” United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir. 2008).
- United States v. Pedro Zambrano, 971 F.3d 774 (8th Cir. 2020).publishedThese factors include: “the exercise of decision making authority, the nature of participation in the commission of the offense, . . . the degree of participation in planning or organizing the offense, the nature and scope of the illegal a…
- United States v. Zachary Fennell, No. 18-1672 (8th Cir. July 3, 2019).unpublished“If a defendant assumed organizing or leadership functions, such as recruiting others to join the criminal activity, a four-level enhancement is justified.” United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir. 2008).
- United States v. Albert Allen, Jr., 641 F. App'x 675 (8th Cir. 2016).unpublishedAnd the stipulated facts in Allen’s plea agreement, the uncontested parts of the presentence investigation report, and the sentencing transcript amply support the district court’s determination that Allen took a leadership role in the cons…
- United States v. Gregory Joseph Frohlich, 737 F.3d 527 (8th Cir. 2013).publishedReversal requires that “we have a ‘definite and firm conviction that a mistake, has been made.’ ” United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008) (quoting United States v. Harry, 960.
- United States v. Augustine, 663 F.3d 367 (8th Cir. 2011).published United States v. Branch, 591 F.3d 602, 611 (8th Cir.2009) (quoting United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008)).
- United States v. Michael Bevins, 430 F. App'x 550 (8th Cir. 2011).unpublishedWe review the district court’s factual findings for clear error, and its credibility determinations are “virtually unreviewable on appeal.” See United States v. Garcia, 512 F.3d 1004, 1005-06 (8th Cir.2008).
- United States v. Garcia, 371 F. App'x 701 (8th Cir. 2010).unpublishedNguyen claims the district court erred in finding he was a leader or organizer in the conspiracy, disqualifying Nguyen for safety valve relief under 18 U.S.C. § 3553 (f)(4) and U.S.S.G. § 5C1.2, and thereafter in sentencing Nguyen “without…
- United States v. John Bolden, No. 08-3835 (8th Cir. Mar. 8, 2010).publishedUnited States v. Garcia, 512 F.3d 1004, 1005 (8th Cir. 2008).
- United States v. Bolden, 596 F.3d 976 (8th Cir. 2010).publishedUnited States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008).
Show 10 more citing cases
- United States v. Molina-Perez, 595 F.3d 854 (8th Cir. 2010).published United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir. 2008).
- United States v. Jason Branch, Sr., No. 08-3683 (8th Cir. Dec. 30, 2009).publishedUnited States v. Garcia, 512 F.3d 1004, 1005 (8th Cir. 2008). "[S]entencing judges are only required to find sentence-enhancing facts by a preponderance of the evidence." United States v. Farrington, 499 F.3d 854, 859 (8th Cir. 2007).
- United States v. Branch, 591 F.3d 602 (8th Cir. 2009).publishedUnited States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008). “[Sentencing judges are only required to find sentence-enhancing facts by a preponderance of the evidence.” United States v. Farrington, 499 F.3d 854, 859 (8th Cir.2007).
- United States v. Byas, 581 F.3d 723 (8th Cir. 2009).published United States v. Garcia, 512 F.3d 1004, 1006 (8th Cir. 2008).
- United States v. Two Elk, 536 F.3d 890 (8th Cir. 2008).published United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008). “[S]entencing judges are only required to find sentence-enhancing facts by a preponderance of the evidence.” United States v. Farrington, 499 F.3d 854, 859 (8th Cir.2007). 2.
- United States v. Robertson, 519 F.3d 452 (8th Cir. 2008).published“We reverse the district court’s findings only if we have *456 a definite and firm conviction that a mistake has been made.” United States v. Garcia, 512 F.3d 1004, 1005 (8th Cir.2008) (internal quotation omitted).
- United States v. Razo-Guerra, 534 F.3d 970 (8th Cir. 2008).published
- United States v. Reynaldo Razo-Guerra, No. 07-2881 (8th Cir. July 25, 2008).published
- United States v. Patrick Brigaudin, No. 18-1702 (8th Cir. Dec. 11, 2018).unpublished
- United States v. John Dailey, 958 F.3d 742 (8th Cir. 2020).published
At page 1004 “we reverse the district court's findings only if we have a definite and firm conviction that a mistake has been made.”0 citing cases
v.
Juan GARCIA, Also Known as Gallo, Appellant
Juan Garcia pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. § 846. The district court [1] applied a four-level increase to Garcia’s offense level by finding that he was an organizer or leader of a criminal activity that involved five or more participants. United States Sentencing Guidelines (U.S.S.G.) § 3Bl.l(a). Garcia appeals his sentence, arguing that the district court erred by applying the four-level increase. Garcia also argues that the district court abused its discretion under 18 U.S.C. § 3553(a) by imposing a sentence above the ten-year statutory minimum. We affirm.
A defendant’s offense level must be increased by four levels if the defendant was “an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.” U.S.S.G. § 3Bl.l(a). The terms “organizer” and “leader” are interpreted broadly. United States v. Yah, 500 F.3d 698, 702 (8th Cir.2007). To determine the defendant’s role, the court should consider
the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.
U.S.S.G. § 3B1.1, cmt. n. 4. We review a district court’s factual findings regarding a defendant’s role in a criminal activity for clear error. Yah, 500 F.3d at 702. We reverse the district court’s findings only if we have a “definite and firm conviction that a mistake has been made.” United States v. Harry, 960 F.2d 51, 53 (8th Cir.1992).
Garcia argues that he was not an organizer or leader of the conspiracy, and that at most, he was a manager or supervisor of the conspiracy and would therefore be subject to only a three-level rather than a four-level enhancement. See U.S.S.G. § 3Bl.l(b). We disagree. If a defendant assumed organizing or leadership functions, such as recruiting others to join the criminal activity, a four-level enhancement is justified. United States v. Willis, 433 F.3d 634, 636 (8th Cir.2006); see also United States v. McMullen, 86 F.3d 135, 138 (8th Cir.1996) (organizing or leading one participant in the criminal activity is enough to trigger a four-level enhancement). There is no dispute that five or more people were involved in the eonspira-[*1006] cy. Additionally, the government presented testimony that, inter alia, Garcia recruited others to join the conspiracy, he received drug orders from customers, and he directed others to package and deliver drugs. The district court found this testimony, describing Garcia as a leader in the conspiracy, to be credible. Credibility determinations such as this are “virtually unreviewable on appeal.” See United States v. Behler, 14 F.3d 1264, 1273 (8th Cir.1994). Although the district court might have reached a different conclusion, its choice between two permissible views of the evidence is not clearly erroneous, see United States v. Plancarte-Vazquez, 450 F.3d 848, 854 (8th Cir.2006), and thus it did not err by enhancing Garcia’s sentence under § 3Bl.l(a).
Garcia also argues that the district court failed to consider the § 3553(a) factors. Garcia asserts that his sentence, while at the bottom of the applicable guidelines range, is excessive because it is above the statutory minimum sentence; his co-defendants received much shorter sentences; he has a relatively insignificant criminal history; he has three children; he maintained a meager lifestyle; and he is subject to deportation following his sentence. We disagree.
We review a district court’s sentencing decisions, regardless of whether the sentence is inside or outside the guidelines range, under an abuse-of-discretion standard. Gall v. United States, — U.S. —, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). A sentence within the guidelines range is presumptively reasonable on appeal. Rita v. United States, — U.S. —, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007). In imposing a sentence, “an abuse of discretion may occur when (1) a court fails to consider a relevant factor that should have received significant weight; (2) a court gives significant weight to an improper or irrelevant factor; or (3) a court considers only the appropriate factors but in weighing those factors commits a clear error of judgment.” United States v. Haack, 403 F.3d 997, 1004 (8th Cir.2005) (internal quotation omitted).
We conclude that the district court adequately considered the § 3553(a) factors and that Garcia’s sentence is reasonable. A district court does not abuse its discretion by imposing a sentence within the applicable guidelines range merely because the statutory minimum sentence is lower than the guidelines range. Furthermore, the fact that Garcia’s co-defendants received sentences lower than his does not indicate that his sentence is disproportionate or unreasonable. See United States v. Jones, 145 F.3d 959, 963 (8th Cir.1998). Garcia’s co-defendants received downward departures by providing substantial assistance to the government, an option Garcia declined. Garcia’s remaining arguments regarding his personal history are without merit because the district court was aware of, and therefore considered these factors. See United States v. Miles, 499 F.3d 906, 909 (8th Cir.2007). Accordingly, the district court did not abuse its discretion by sentencing Garcia within the guidelines range.
The judgment is affirmed.
. The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.