United States v. Isaias Perez ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-3795
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Isaias Perez
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: July 2, 2018
Filed: July 9, 2018
[Unpublished]
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Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
The district court1 imposed an above-Guidelines-range sentence upon Isaias
Perez, who violated the conditions of his supervised release. Counsel seeks
1
The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.
permission to withdraw, and has filed a brief under Anders v. California, 386 U.S.
738 (1967), challenging the reasonableness of Perez’s sentence. We affirm.
After careful review, we conclude that the district court did not abuse its
discretion in imposing a sentence above the Guidelines range. See United States v.
Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (applying a deferential
abuse-of-discretion standard to the evaluation of a revocation sentence). The record
reflects that the 36-month prison sentence and 8-year term of supervised release were
within the relevant statutory maximums, see 18 U.S.C. § 3583(e)(3) (providing for
a maximum prison term of 5 years if the underlying offense is a Class A felony); cf.
United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (explaining that
the maximum period of supervised release for a violation of 21 U.S.C. § 841(b)(1)(C)
is life), and the court carefully considered and discussed the relevant section 3553(a)
factors, see United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).
Accordingly, we grant counsel leave to withdraw, and affirm the district court’s
judgment.
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