United States of America v. Juan Evangelista Castro

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7788
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JUAN EVANGELISTA CASTRO,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Samuel G. Wilson,
District Judge. (5:06-cr-00054-sgw-mfu-1)
Submitted: January 27, 2010 Decided: February 18, 2010
Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Juan Evangelista Castro, Appellant Pro Se. Ryan Lee Souders,
Assistant United States Attorney, Harrisonburg, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Juan Evangelista Castro appeals from the district
court’s garnishment disposition order directing the Virginia
State Police to pay the Government $9,849. We have reviewed the
record and find no reversible error.* Accordingly, we affirm for
the reasons stated by the district court. United States v.
Castro, No. 5:06-cr-00054-sgw-mfu-1 (W.D. Va. Sept. 9, 2009).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
* Although Castro appears to correctly assert that the
garnishee improperly failed to serve him with its answer to the
garnishment writ, Castro fails to explain on appeal the
objections he would have raised to the answer had he been
served. Because Castro fails to show prejudice, we conclude
that the irregularity in the processing of the garnishment
action was harmless.

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