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United States v. Maurice Malone
669 F. App'x 813
| 8th Cir. | 2016
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Docket

*1 Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Maurice Malone appeals the sentence the district court imposed after revoking [1] his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

*2 The district court did not abuse its discretion. See United States v. Merrival ,

521 F.3d 889, 890 (8th Cir. 2008) (substantive reasonableness of revocation sentence is reviewed under deferential abuse-of-discretion standard). The within-Guidelines- range sentence was not substantively unreasonable, and the court considered the 18 U.S.C. § 3553(a) factors. See United States v. Petreikis , 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range); United States v. Miller , 557 F.3d 910, 917 (8th Cir. 2009) (under substantive-reasonableness test, district court abuses its discretion if it fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment in weighing factors).

The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________

-2-

[1] The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa.

Case Details

Case Name: United States v. Maurice Malone
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Oct 19, 2016
Citation: 669 F. App'x 813
Docket Number: 16-1848
Court Abbreviation: 8th Cir.
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