United States v. Matthew J. Morgan
Opinion
[UNPUBLISHED]
Matthew Morgan pleaded guilty to stealing explosive materials, and was sentenced to 18 months in prison and 3 years supervised release. See 18 U.S.C. §§ 844(k) (10-year maximum prison term), 3559(a)(3) (Class C felony), 3583(b)(2) (3-year maximum supervised release term for Class C felony). At a revocation hearing several months after his release, Morgan did not deny alleged violations of the conditions of his release. The district court 1 revoked supervised release and imposed a new sentence of 4 months imprisonment and 2 years supervised release, commenting on Morgan’s personal circumstances and his numerous violations. Morgan appeals this sentence.
We note that both the prison term and the supervised release term were within authorized limits, and that the district court considered appropriate factors in imposing the revocation sentence. See 18 U.S.C. §§ 3583(e)(3) (authorizing up to 2 years imprisonment upon revocation of supervised release where original offense was Class C felony), 3583(h) (authorizing new period of supervised release not to exceed maximum term of supervised release for original offense, less any prison time imposed upon revocation of supervised release). We conclude that Morgan’s sentence is not unreasonable. See United States v. Tyson, 413 F.3d 824, 825-26 (8th Cir. 2005) (standard of review).
Accordingly, we affirm, and we also grant counsel’s motion to withdraw.
. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Matthew James MORGAN, Appellant
- Status
- Unpublished