DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091596P.pdf 05/07/2010 United States v. Pat Garcia
U.S. Court of Appeals Case No: 09-1596
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Melloy, Author, with Wollman and Hansen,
Circuit Judges]
Criminal Case - conviction and sentence. Failure to properly advise
defendant of minimum and maximum terms of supervised release, even
in light of defendant's assertion that he would not have pleaded guilty had
he known the correct supervised release term, did not constitute plain
error, as Garcia did not show the requisite reasonable probability that he
would not have pleaded guilty but for the error and the error did not
seriously affect the fairness, integrity or public reputation of the
proceedings. District court did not err in making factual findings relating
to whether he intentionally failed to register as a sex offender in order to
avoid detection by law enforcement. Sentence was not substantively
unreasonable.