United States v. Floyd Ezell
Opinion
Floyd Ezell directly appeals the sentence that the district court imposed 1 on him after revoking his supervised release. For reversal, Ezell argues that the court abused its discretion in failing to credit against his 4-month revocation sentence the time that he spent in state custody on a drug charge. This challenge is without merit. See United States v. Wilson, 503 U.S. 329, 333-35, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992) (18 U.S.C. § 3585(b) does not authorize district court, at sentencing, to compute credit for time served). To the extent Ezell’s argument encompasses a claim that the revocation sentence imposed is unreasonable, we conclude after careful review that the below-Guidelines-range sentence is not unreasonable. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (appellate review of revocation sentence). Accordingly, we affirm the judgment of the district court. We also grant counsel’s motion for leave to withdraw.
. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Floyd Frank EZELL, Defendant-Appellant
- Status
- Unpublished