United States v. Mark Flaaen

Filing

PER CURIAM OPINION FILED - THE COURT: JAMES B. LOKEN, KERMIT E. BYE and STEVEN M. COLLOTON (UNPUBLISHED); granting [3825039-2] motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-2651
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United States of America,
Appellee,
v.
Mark L. Flaaen,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* Western District of Missouri.
*
* [UNPUBLISHED]
*
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Submitted: November 23, 2011
Filed: December 7, 2011
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Before LOKEN, BYE, and COLLOTON, Circuit Judges.
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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.
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Appellate Case: 11-2651

Page: 2

Date Filed: 12/07/2011 Entry ID: 3856645