United States v. David Willard , 696 F. App'x 769 ( 2017 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-1190
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    David A. Willard
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Western District of Missouri - Kansas City
    ____________
    Submitted: August 23, 2017
    Filed: September 5, 2017
    [Unpublished]
    ____________
    Before WOLLMAN, MURPHY, and KELLY, Circuit Judges.
    ____________
    PER CURIAM.
    David Willard appeals after the district court1 revoked his supervised release
    and sentenced him to 24 months in prison with no additional supervised release. In
    1
    The Honorable Greg Kays, Chief Judge, United States District Court for the
    Western District of Missouri.
    counseled and pro se briefs, Willard challenges both the decision to revoke his
    supervised release and the resulting revocation sentence. We affirm.
    Upon careful review, we conclude that the district court did not clearly err in
    finding that Willard violated at least one condition of his supervised release, and we
    therefore further conclude that the revocation decision was proper. See 
    18 U.S.C. § 3583
    (e)(3) (court may revoke supervised release if it finds by preponderance of
    evidence that defendant violated condition of supervised release); United States v.
    Miller, 
    557 F.3d 910
    , 913-14 (8th Cir. 2009) (for purposes of supervised-release
    revocation, factual findings are reviewed for clear error). We also conclude that the
    district court did not abuse its discretion in sentencing Willard, as his 24-month
    prison term did not exceed the statutory limit for his underlying Class C felony, it was
    within the undisputed advisory Guidelines range, and the court appropriately
    considered 
    18 U.S.C. § 3553
    (a) sentencing factors. See 
    18 U.S.C. § 3583
    (e)(3)
    (maximum revocation prison term is 2 years if underlying offense is Class C felony;
    before revoking supervised release and imposing sentence, court must consider
    specified factors in § 3553(a)); United States v. Petreikis, 
    551 F.3d 822
    , 824 (8th Cir.
    2009) (applying presumption of substantive reasonableness to revocation sentence
    within Guidelines range); United States v. Merrival, 
    521 F.3d 889
    , 890 (8th Cir.
    2008) (abuse-of-discretion standard of review).
    Accordingly, we affirm the judgment, and we grant counsel’s motion to
    withdraw.
    ______________________________
    -2-
    

Document Info

Docket Number: 17-1190

Citation Numbers: 696 F. App'x 769

Filed Date: 9/5/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023