United States v. Isaias Perez

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 9, 2018
• Docket: 17-3795
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3795 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Isaias Perez

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________

Submitted: July 2, 2018 Filed: July 9, 2018 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

The district court1 imposed an above-Guidelines-range sentence upon Isaias Perez, who violated the conditions of his supervised release. Counsel seeks

1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. permission to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of Perez’s sentence. We affirm.

After careful review, we conclude that the district court did not abuse its discretion in imposing a sentence above the Guidelines range. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (applying a deferential abuse-of-discretion standard to the evaluation of a revocation sentence). The record reflects that the 36-month prison sentence and 8-year term of supervised release were within the relevant statutory maximums, see 18 U.S.C. § 3583(e)(3) (providing for a maximum prison term of 5 years if the underlying offense is a Class A felony); cf. United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (explaining that the maximum period of supervised release for a violation of 21 U.S.C. § 841(b)(1)(C) is life), and the court carefully considered and discussed the relevant section 3553(a) factors, see United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).

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

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