United States v. Robert Dale Crain

11 F. App'x 645

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 6, 2001
• Docket: 00-2813
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Robert Dale Crain pleaded guilty to credit card fraud, in violation of 18 U.S.C. § 1029(a)(2), and was sentenced to 16 months imprisonment and 3 years supervised release. While serving the supervised release portion of his sentence, Crain violated his release conditions. After a hearing, the district court 1 revoked his supervision, and sentenced him to 9 months imprisonment and 27 months additional supervised release. Crain now appeals, challenging his sentence. We affirm.

When a district court finds by a preponderance of the evidence that a defendant has violated a supervised release condition, the court may revoke supervised release and impose imprisonment without credit for time previously served on post-release supervision. See 18 U.S.C. § 3583(e)(3). We review for abuse of discretion. See United States v. Grimes, 54 F.3d 489, 492 (8th Cir.1995).

Having reviewed the record and Crain’s brief, we conclude his revocation sentence neither exceeds the limits of section 3583(e), nor constitutes an abuse of discretion by the district court. See 18 U.S.C. §§ 1029(c)(1)(A)®, 3559(a)(3), 3583(e)(3), 3583(h); United States v. St. John, 92 F.3d 761, 766 (8th Cir.1996).

Accordingly, we affirm. 2

1 . The Honorable Gary A. Fenner, United Stales District Judge for the Western District of Missouri.

2 . We also grant counsel's motion to withdraw representation of Crain.