United States v. Tommie Thompson

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 7, 2018
• Docket: 17-3157
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3157 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Tommie Lee Thompson

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Davenport ____________

Submitted: May 3, 2018 Filed: May 7, 2018 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Tommie Lee Thompson appeals the sentence the district court1 imposed upon him after it revoked his supervised release. Thompson’s counsel has moved for leave

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. to withdraw and has filed a brief challenging the substantive reasonableness of Thompson’s sentence.

Upon careful review, we conclude that the sentence was not substantively unreasonable. See United States v. Merrival, 521 F.3d 889, 890 (8th Cir. 2008) (reviewing the substantive reasonableness of a post-revocation sentence under an abuse-of-discretion standard); see also United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying a presumption of substantive reasonableness to a post- revocation, within-Guidelines-range prison sentence). Accordingly, we affirm the judgment and grant counsel’s motion to withdraw. ______________________________

-2-