United States v. John Farias ( 2019 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-1608
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
John Paul Farias
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: December 17, 2019
Filed: December 20, 2019
[Unpublished]
____________
Before BENTON, KELLY, and GRASZ, Circuit Judges.
____________
PER CURIAM.
John Farias appeals after he pled guilty to a drug conspiracy offense, and the
district court1 sentenced him to a prison term below the advisory range under the
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
United States Sentencing Guidelines Manual (“Guidelines”). His counsel has filed
a brief under Anders v. California, 386 U.S. 738 (1967), arguing the district court
erred in applying an enhancement for Farias’s role in the offense.
We conclude the district court did not clearly err in applying a role
enhancement, as the undisputed facts in the presentence report (“PSR”) established
Farias was a manager or supervisor of the drug conspiracy. See United States v.
Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing district court’s application of
the Guidelines de novo, and its findings of fact for clear error); United States v.
Menteer, 408 F.3d 445, 446 (8th Cir. 2005) (per curiam) (holding failure to object to
facts in PSR constitutes admission of those facts).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75(1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm.
______________________________
-2-