Opinion
No. 16-1848
10-19-2016
United States of America Plaintiff - Appellee v. Maurice Malone, also known as Tito Defendant - Appellant
Appeal from United States District Court for the Northern District of Iowa - Dubuque [Unpublished] Before SMITH, BENTON, and SHEPHERD, Circuit Judges. PER CURIAM.
Maurice Malone appeals the sentence the district court imposed after revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. --------
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.