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UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE OSIEL GARZA, Defendant - Appellant.

Harris L Hartz

(D.C. No. 5:13-CR-00012-F-1) (W.D. Oklahoma)
ORDER AND JUDGMENT

Before HARTZ, O'BRIEN, and GORSUCH, Circuit Judges.

Jose Osiel Garza appeals his 120-month sentence after his guilty plea to the possession of firearms by a convicted felon, 18 U.S.C. § 922(g)(1). He argues that the sentence was substantively unreasonable. The sentence, however, was within the advisory sentencing guideline range and is therefore presumptively reasonable, see United States v. Kristl, 437 F.3d 1050, 1055 (10th Cir. 2006). Because Mr. Garza has not overcome the presumption, we AFFIRM his sentence.

ENTERED FOR THE COURT

Harris L Hartz


Circuit Judge


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United States v. Garza
(Dec 17, 2013)