United States v. Omar Maria

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 3, 2018
• Docket: 17-2533
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2533 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Omar D. Maria

lllllllllllllllllllll Defendant - Appellant ____________

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

Submitted: March 27, 2018 Filed: April 3, 2018 [Unpublished] ____________

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

PER CURIAM.

Omar Maria directly appeals the within-Guidelines-range sentence the district 1 court imposed upon revoking his supervised release. His counsel has moved for

1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. leave to withdraw, and has filed a brief arguing that the sentence is substantively unreasonable.

After careful review of the record, this court concludes that the district court did not abuse its discretion in sentencing Maria. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range). The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________

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