United States v. Maurice Bivens

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 3, 2020
• Docket: 20-1835
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1835 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Maurice Leavell Bivens,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: November 12, 2020 Filed: December 3, 2020 [Unpublished] ____________

Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. ____________

PER CURIAM.

Maurice Bivens appeals after the district court1 revoked his supervised release and sentenced him above the advisory sentencing guideline range. His counsel has

1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. filed a brief challenging the substantive 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’s motion to withdraw. ______________________________

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