United States v. Aaron Nazarian ( 2016 )


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  •                  United States Court of Appeals
                                For the Eighth Circuit
                            ___________________________
    
                                    No. 16-2889
                            ___________________________
    
                                 United States of America
    
                            lllllllllllllllllllll Plaintiff - Appellee
    
                                               v.
    
                                       Aaron Nazarian
    
                          lllllllllllllllllllll Defendant - Appellant
                                          ____________
    
                        Appeal from United States District Court
                    for the Western District of Missouri - Springfield
                                     ____________
    
                              Submitted: December 22, 2016
                               Filed: December 30, 2016
                                     [Unpublished]
                                     ____________
    
    Before SMITH, BOWMAN, and BENTON, Circuit Judges.
                              ____________
    
    PER CURIAM.
    
          While Aaron Nazarian was serving a third term of federal supervised release,
    the District Court1 revoked supervised release and sentenced Nazarian to serve 12
    
          1
            The Honorable Beth Phillips, United States District Judge for the Western
    District of Missouri.
    months and one day in prison with no further supervised release. Nazarian appeals,
    and we affirm.
    
            For reversal, Nazarian challenges the District Court’s finding that he violated
    his release conditions and the decision to revoke supervised release. This argument
    fails, given Nazarian’s admissions at the revocation hearing that he violated multiple
    supervised-release conditions. See 18 U.S.C. § 3583(e)(3) (providing that a court
    may revoke a term of supervised release if it “finds by a preponderance of the
    evidence that the defendant violated a condition of supervised release”); United
    States v. Miller, 
    557 F.3d 910
    , 914 (8th Cir. 2009) (standard of review). Nazarian
    also argues that the District Court committed procedural error in sentencing him and
    imposed a substantively unreasonable revocation sentence. This argument fails as
    well. Upon careful review of the record, we detect no procedural error. See Miller,
    557 F.3d at 916 (listing sources of procedural error). Further, the revocation sentence
    is not substantively unreasonable. See United States v. Merrival, 
    521 F.3d 889
    , 890
    (8th Cir. 2008) (standard of review). Notably, the sentence exceeded the top of the
    advisory Sentencing Guidelines range by one day in order to provide Nazarian with
    the benefit of prior-custody credit. Moreover, the court expressly considered and
    weighed relevant 18 U.S.C. § 3553(a) factors when imposing the sentence. See
    Miller, 557 F.3d at 917.
    
          We affirm the judgment and we grant counsel’s motion to withdraw.
                          ______________________________
    
    
    
    
                                             -2-
    

Document Info

DocketNumber: 16-2889

Filed Date: 12/30/2016

Modified Date: 12/30/2016