United States v. Erick Russell

U.S. Court of Appeals for the Eighth Circuit
United States v. Erick Russell, 495 F. App'x 768 (8th Cir. 2012)

United States v. Erick Russell

Opinion

PER CURIAM.

Erick Dewray Russell violated the terms of his supervised release. The district court 1 revoked his release and sen *769 tenced him to twelve months and one day in prison. Russell appeals, arguing that the sentence is unreasonable because it is greater than necessary to accomplish the goals of sentencing and does not reflect the mitigating facts he presented. We conclude that the district court did not abuse its discretion in imposing the sentence. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (standard of review). Our review of the record satisfies us that the district court gave due consideration to Russell’s arguments for mitigation and that Russell otherwise has not overcome the presumption of reasonableness we accord to sentences within the advisory Guidelines range. See id. (revocation sentence within the Guidelines range is accorded presumption of substantive reasonableness on appeal). The sentence is affirmed.

1

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Erick Dewray RUSSELL, Also Known as Kenyatta Dewray Khalid, Defendant-Appellant
Status
Unpublished