United States v. David Lablance

357 F. App'x 733
Court of Appeals for the Eighth Circuit·Decided December 21, 2009·No. 09-2613·Unpublished

Opinion

PER CURIAM.

David Lablance appeals the sentence imposed on him by the district court 1 upon revocation of his supervised release. Upon careful review, we conclude the revocation sentence is not unreasonable, see 18 U.S.C. § 3583(e)(3); United States v. Tyson, 413 F.3d 824, 825 (8th Cir.2005) (per curiam) (standard of review); United States v. Thunder, 553 F.3d 605, 608-09 (8th Cir.2009). We also find no merit to Lablance’s argument that the district court *734 erred by not awarding credit against his sentence for time served. See United States v. Pardue, 363 F.3d 695, 699 (8th Cir.2004) (although 18 U.S.C. § 3585(b) calls for defendant to receive credit for time served, calculation of sentence is left to Bureau of Prisons and not sentencing court).

Accordingly, we affirm the judgment of the district court and grant counsel’s motion to withdraw.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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Related

United States v. David Pardue
363 F.3d 695 (Eighth Circuit, 2004)
United States v. Micah E. Tyson
413 F.3d 824 (Eighth Circuit, 2005)
United States v. Thunder
553 F.3d 605 (Eighth Circuit, 2009)