United States v. Michael Heggie

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 13, 2019
• Docket: 19-2795
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2795 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Michael A. Heggie

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: December 10, 2019 Filed: December 13, 2019 [Unpublished] ____________

Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Michael Heggie appeals after the district court1 revoked his supervised release, and sentenced him to a 12-month prison term. His counsel has moved for leave to

1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. withdraw, and has filed a brief suggesting that the revocation sentence is substantively unreasonable. We conclude that Heggie’s revocation sentence, which is within the statutory limits and the undisputed Chapter 7 advisory Guidelines range, is not substantively unreasonable. See 18 U.S.C. § 3583(e)(3) (maximum prison term upon revocation is 2 years for Class C felony); United States v. Petreikis, 551 F.3d 822, 824-25 (8th Cir. 2009) (supervised-release revocation sentence is reviewed for substantive reasonableness under deferential abuse-of-discretion standard; within- Guidelines-range revocation sentence is accorded presumption of reasonableness on appeal). We therefore affirm, and we grant counsel’s motion to withdraw. ______________________________

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