United States v. Nicholas Pyeatt

34 F. App'x 246

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 10, 2002
• Docket: 01-3841
• Status: Unpublished

Opinion

PER CURIAM.

Nicholas Pyeatt appeals from the final judgment entered in the District Court 1 for the Western District of Missouri, revoking his supervised release and sentencing him to 30 months imprisonment. For reversal, Pyeatt argues that the sentence was an upward departure from the Chapter 7 Guidelines and that the district court might have imposed a shorter sentence if the court had realized that Pyeatt might fail to complete a Bureau of Prisons boot-camp program. For the reasons discussed below, we affirm the judgment of the district court.

As Pyeatt’s counsel acknowledges, the court was not bound to impose a sentence within Chapter 7’s recommended range. See United States v. Carr, 66 F.3d 981, 983 (8th Cir.1995) (per curiam). Further, the district court specifically noted that Pyeatt would have to serve the full 30-month sentence in prison if he failed to complete boot camp.

Accordingly, we affirm. We also grant counsel’s motion to withdraw.

1 . The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.