United States v. Maurice Malone

669 F. App'x 813

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 19, 2016
• Docket: 16-1848
• Status: Unpublished

Opinion

PER CURIAM.

Maurice Malone appeals the sentence the district court 1 imposed after revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms;

The district court did not abuse its discretion. See United States v. Merrival, 521 F.3d 889, 890 (8th Cir. 2008) (substantive reasonableness of revocation sentence is reviewed under deferential abuse-of-discretion standard). The within-Guidelines-range sentence was not substantively unreasonable, and the court considered the 18 U.S.C. § 3553(a) factors.. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range); United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (under substantive-reasonableness test, district court abuses its discretion if it fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors).

The judgment is affirmed, and counsel’s motion to withdraw is granted,

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