United States v. James Fugate

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED); Granting [4099819-2] motion to withdraw as counsel filed by Mr. Larry C. Pace. Counsel is directed to inform appellant about the procedures for filing a petition for rehearing and for certiorari. [4155592] [13-3352]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3352
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
James D. Fugate
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: May 7, 2014
Filed: May 20, 2014
[Unpublished]
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Before LOKEN, MURPHY, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 13-3352

Page: 1

Date Filed: 05/20/2014 Entry ID: 4155592

James Fugate appeals the 20-month prison sentence that the district court1
imposed upon him after revoking the supervised release that he had been serving for
three offenses. For reversal, Fugate argues that the sentence is excessive.
Upon careful review, see United States v. Tyson, 413 F.3d 824, 825 (8th Cir.
2005) (per curiam) (standard of review), we conclude that the district court did not
abuse its discretion. The revocation sentence is within statutory limits, and at the
revocation hearing, the district court articulated multiple valid reasons for its
sentencing decision. See 18 U.S.C. § 3583(e)(3); United States v. Mangum, 625 F.3d
466, 470 (8th Cir. 2010); United States v. Larison, 432 F.3d 921, 924 (8th Cir. 2006).
Accordingly, we affirm. We also grant counsel’s motion for leave to withdraw.
We direct counsel to inform appellant about the procedures for filing a petition for
rehearing and for certiorari.
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1

The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
-2-

Appellate Case: 13-3352

Page: 2

Date Filed: 05/20/2014 Entry ID: 4155592