United States v. Stephen White

U.S. Court of Appeals for the Eighth Circuit
United States v. Stephen White, 525 F. App'x 521 (8th Cir. 2013)

United States v. Stephen White

Opinion

*522 PER CURIAM.

Stephen White directly appeals the eleven-month prison term that the district court 1 imposed upon revoking his supervised release. His counsel has moved to withdraw, and has filed a brief indicating that there is no issue of arguable merit in this ease.

Upon careful review, we conclude that the district court imposed a statutorily authorized revocation sentence, given that White’s underlying offense was a Class C felony. See 18 U.S.C. § 3583(e)(3) (court may impose revocation sentence of no more than 2 years in prison if underlying offense was Class C felony). We further conclude that the district court’s sentencing decision reflects no abuse of discretion. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (court reviews revocation sentencing decisions using same standards as applied to initial sentencing decisions); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (appellate court reviews revocation sentence for abuse of discretion, ensuring sentence is reasonable); see also United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (describing ways in which district court might be found to have committed abuse of discretion).

The judgment is affirmed. In addition, we grant counsel’s motion to withdraw.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Stephen Eugene WHITE, Defendant-Appellant
Status
Unpublished