United States v. Bradley Turner

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 9, 2019
• Docket: 19-1824
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1824 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Bradley E. Turner,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Southern District of Iowa - Davenport ____________

Submitted: September 4, 2019 Filed: September 9, 2019 [Unpublished] ____________

Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Bradley Turner appeals after the district court1 revoked his supervised release and sentenced him within the calculated Guidelines range. His counsel has filed a brief challenging the reasonableness of the sentence and seeking to withdraw.

We conclude that the district court imposed a substantively reasonable revocation sentence, as there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. McGhee, 869 F.3d 703, 705 (8th Cir. 2017) (per curiam) (substantive reasonableness of revocation sentence is reviewed under same abuse-of-discretion standard applied to initial sentencing decisions); United States v. Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc) (discussing substantive reasonableness). Accordingly, we affirm the judgment, and we grant counsel permission to withdraw. ______________________________

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

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