United States v. Marlin Hudson

U.S. Court of Appeals for the Eighth Circuit

United States v. Marlin Hudson

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-1066 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Marlin Hudson

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: March 27, 2025 Filed: April 1, 2025 [Unpublished] ____________

Before BENTON, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Marlin Hudson appeals after the district court1 revoked his supervised release and sentenced him to 10 months in prison. His counsel has moved for leave to

1 The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri. withdraw and has filed a brief challenging the substantive reasonableness of the sentence. After careful review, we conclude that the district court did not abuse its discretion, as Hudson admitted to violating the conditions of his release, and the revocation sentence is within the statutory maximum. See United States v. Miller, 557 F.3d 910, 914, 916 (8th Cir. 2009) (standard of review; single violation enough to revoke supervised release); see also 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 2 years if underlying offense is Class C felony).

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

-2-

Reference

Status
Unpublished