U.S. Court of Appeals for the Eighth Circuit, 2019

United States v. Robert Perry

United States v. Robert Perry
U.S. Court of Appeals for the Eighth Circuit · Decided June 12, 2019

United States v. Robert Perry

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1139 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Robert Shakir Perry lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: June 11, 2019 Filed: June 12, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. ____________ PER CURIAM.

Robert Perry directly appeals after the district court1 revoked his supervised release, and sentenced him to 8 months in prison and 46 months of supervised release.

The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. His counsel has moved for leave to withdraw, and has filed a brief challenging the sentence.

After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Perry, as it properly considered the 18 U.S.C. § 3553(a) factors; there was no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); see also United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004); and the sentence was within the Guidelines range, and below the statutory limit, see 18 U.S.C. §§ 3583(e)(3).

Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________

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