United States v. Mark Flaaen


PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON (UNPUBLISHED); granting [3825039-2] motion to withdraw as counsel filed by Ms. Anita L. Burns. [3856645] [11-2651]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-2651 ___________ United States of America, Appellee, v. Mark L. Flaaen, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: November 23, 2011 Filed: December 7, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Mark Flaaen appeals the sentence the district court1 imposed after revoking his supervised release. We conclude that the revocation sentence of 20 months in prison with 40 months of supervised release was not unreasonable. We decline to review at this time Flaaen’s arguments regarding ineffective assistance of counsel and sentence credit. See United States v. Davis, 452 F.3d 991, 994 (8th Cir. 2006); United States v. Pardue, 363 F.3d 695, 699 (8th Cir. 2004). With respect to Flaaen’s remaining arguments, we find no plain error. See Davis, 452 F.3d at 994 (describing 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. Appellate Case: 11-2651 Page: 1 Date Filed: 12/07/2011 Entry ID: 3856645 plain-error review); see also United States v. Asalati, 615 F.3d 1001, 1007-08 (8th Cir. 2010) (upholding curfew condition of supervised release). Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 11-2651 Page: 2 Date Filed: 12/07/2011 Entry ID: 3856645

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