United States v. Maurice Malone

U.S. Court of Appeals for the Eighth Circuit
United States v. Maurice Malone, 669 F. App'x 813 (8th Cir. 2016)

United States v. Maurice Malone

Opinion

PER CURIAM.

Maurice Malone appeals the sentence the district court 1 imposed after revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms;

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,

1

. The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa,

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Maurice MALONE, Also Known as Tito Defendant-Appellant
Cited By
1 case
Status
Unpublished