United States v. Blaine Kills Back
United States v. Blaine Kills Back
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 16-4352 ___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Blaine Stacy Kills Back
lllllllllllllllllllll Defendant - Appellant ____________
Appeal from United States District Court for the District of South Dakota - Rapid City ____________
Submitted: July 27, 2017 Filed: August 1, 2017 [Unpublished] ____________
Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. ____________
PER CURIAM.
Blaine Stacy Kills Back directly appeals the above-Guidelines-range sentence the district court1 imposed upon revoking his supervised release. His counsel has
1 The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for the District of South Dakota. moved for leave to withdraw, and has filed a brief arguing that the sentence is unreasonable.
After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Kills Back. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d 921, 922-24 (8th Cir. 2006) (revocation sentence may be unreasonable if district court fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment). Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment. ______________________________
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Reference
- Status
- Unpublished