U.S. Court of Appeals for the Eighth Circuit, 2021

United States v. Brunson Roberts

United States v. Brunson Roberts
U.S. Court of Appeals for the Eighth Circuit · Decided March 31, 2021

United States v. Brunson Roberts

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2479 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Brunson Roberts lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Central ____________ Submitted: March 25, 2021 Filed: March 31, 2021 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Brunson Roberts appeals after the district court1 revoked his supervised release and imposed a 30-month prison sentence. His counsel has moved to withdraw, and has filed a brief arguing that the court abused its discretion in sentencing Roberts.

At the revocation hearing, the district court found that Roberts had committed a Grade A violation, and the court imposed a sentence below the applicable advisory Guidelines range. After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Roberts. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (abuse-of-discretion review); United States v. Perkins, 526 F.3d 1107, 1110-11 (8th Cir. 2008) (stating that in determining whether the district court has considered relevant sentencing factors, this court reviews the entire sentencing record); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (noting that when the court imposed a below-Guidelines-range sentence, it was “nearly inconceivable” that the court abused its discretion in not varying downward still further). Accordingly, we affirm, and we grant counsel’s motion to withdraw. ______________________________

The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas.

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