United States v. Anthony Dean

365 F. App'x 741

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 23, 2010
• Docket: 09-3272
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

While Anthony Dean Nelson was serving a period of supervised release, the district court 1 revoked supervision and sentenced Dean to 11 months in prison and 14 months of additional supervised release. For reversal, Dean argues that the revocation sentence is unreasonable. Because he has not rebutted the presumption that his within-Guidelines-range revocation sentence is reasonable, see United, States v. Petreikis, 551 F.3d 822, 824 (8th Cir.2009), we affirm.

In particular, we note that the sentence is within statutory limits, see 18 U.S.C. § 3583(b)(2), (e)(3), (h); and that the court considered proper factors under 18 U.S.C. § 3553(a), including the Guidelines range, Dean’s poor history on supervised release, his drug and alcohol abuse, the lack of remaining available community programs, and his need for a residential-reentry program and participation in an alcohol-testing program upon release from prison. See United States v. Nelson, 453 F.3d 1004, 1006 (8th Cir.2006) (appellate court reviews revocation sentence to determine whether it is unreasonable in relation to, inter alia, advisory Guidelines range and applicable § 3553(a) factors).

Accordingly, we affirm the district court’s judgment.

1 . The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.