United States v. Roberto v. Rivera

578 F. App'x 611
Court of Appeals for the Eighth Circuit·Decided September 23, 2014·No. 14-1988·Unpublished

Opinion

PER CURIAM.

Roberto Rivera directly appeals the statutory-maximum sentence that the district court 1 imposed upon revoking his probation. For reversal, he argues that the sentence is substantively unreasonable.

Upon careful review, we conclude that the sentence is not unreasonable, because the court properly considered the Chapter 7 policy statements and appropriate 18 U.S.C. § 3553(a) factors, and gave supporting reasons for its decision. See United States v. Larison, 432 F.3d 921, 924 (8th Cir.2006) (affirming statutory-maximum revocation sentence where district court justified decision by giving supporting reasons); United States v. Tyson, 413 F.3d 824, 825 (8th Cir.2005) (per curiam) (revocation sentences are reviewed for unreasonableness in accordance with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)). Accordingly, we affirm the judgment of the district court. We also grant counsel’s motion for leave to withdraw.

1

. The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.

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United States v. Roberto v. Rivera, 578 F. App'x 611 (8th Cir. 2014).

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Related

United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
United States v. Micah E. Tyson
413 F.3d 824 (Eighth Circuit, 2005)
United States v. Duane Larison
432 F.3d 921 (Eighth Circuit, 2006)