United States v. Derek Kok , 699 F. App'x 586 ( 2017 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-1836
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Derek Kok, formerly known as Xuong Manh Quach
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Des Moines
    ____________
    Submitted: October 18, 2017
    Filed: October 27, 2017
    [Unpublished]
    ____________
    Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Derek Kok appeals after the district court1 revoked his supervised release and
    imposed a revocation sentence of 11 months in prison, and 60 months of supervised
    1
    The Honorable Rebecca Ebinger, United States District Judge for the Southern
    District of Iowa.
    release. Kok’s counsel has filed a brief arguing that the district court erroneously
    viewed revocation as mandatory, and imposed a substantively unreasonable
    revocation sentence. Counsel also moves for leave to withdraw.
    As to the first argument, which was not raised before the district court, we
    conclude that review is for plain error, and that plain error did not occur, particularly
    in light of the court’s thorough explanation of its revocation decision. See United
    States v. Callaway, 
    762 F.3d 754
    , 759 (8th Cir. 2014) (procedural errors not objected
    to at sentencing are reviewed for plain error); see also United States v. Winston, 
    850 F.3d 377
    , 380 (8th Cir. 2017) (plain-error standard). We also conclude that the
    revocation sentence is not substantively unreasonable. See 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: 17-1836

Citation Numbers: 699 F. App'x 586

Filed Date: 10/27/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023