United States v. Blaine Kills Back

U.S. Court of Appeals for the Eighth Circuit

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Submitted: July 27, 2017 Filed: August 1, 2017 [Unpublished] ____________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Unpublished