United States v. David Johnston

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Steven M. Colloton and Duane Benton (UNPUBLISHED); Granting [4104596-2] motion to withdraw as counsel filed by Mr. John D. Jacobsen, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. [4147761] [13-3474]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3474
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Alden Johnston
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: March 20, 2014
Filed: April 28, 2014
[Unpublished]
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
David Johnston directly appeals the within-Guidelines-range sentence the
district court1 imposed upon revoking his supervised release. He argues that the

1

The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.

Appellate Case: 13-3474

Page: 1

Date Filed: 04/28/2014 Entry ID: 4147761

district court did not properly balance the relevant 18 U.S.C. § 3553(a) factors, and
that his revocation sentence is unreasonable. His counsel has also moved for leave to
withdraw.
Upon careful review, see United States v. Miller, 557 F.3d 910, 915-917 (8th
Cir. 2009) (appeals court reviews revocation sentence for abuse of discretion), we
conclude that the district court properly considered and balanced the relevant
sentencing factors, and did not impose an unreasonable sentence, see United States v.
Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive
reasonableness to revocation sentence within Guidelines range). Accordingly, we
affirm the judgment of the district court, and we grant counsel’s motion to withdraw,
subject to counsel informing Johnston about procedures for seeking rehearing or filing
a petition for certiorari.
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Appellate Case: 13-3474

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Date Filed: 04/28/2014 Entry ID: 4147761