United States v. Cassandra Dismang

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4105135-2] motion to withdraw as counsel filed by Ms. Ann M. Koszuth. [4150931] [13-3574]

United States Court of Appeals
For the Eighth Circuit
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No. 13-3574
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Cassandra Lynn Dismang
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: May 1, 2014
Filed: May 6, 2014
[Unpublished]
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Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Cassandra Lynn Dismang directly appeals the district court’s1 judgment
revoking her supervised release and sentencing her to 15 months in prison. After

1

The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.

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Date Filed: 05/06/2014 Entry ID: 4150931

careful review, this court concludes that the district court did not clearly err in finding
that Dismang had violated the conditions of her supervised release, and did not abuse
its discretion by revoking her supervised release. See United States v. Miller, 557
F.3d 910, 914 (8th Cir. 2009) (standard of review). This court also concludes that the
district court committed no procedural sentencing error, and the 15-month sentence,
which was below the Guidelines range and was the sentence Dismang requested, was
not substantively unreasonable. See id. at 915-17 (discussing procedural-error and
substantive-reasonableness tests); see also United States v. McCully, 407 F.3d 931,
934 (8th Cir. 2005) (where defendant received sentence at bottom of Guidelines range
as requested, she cannot challenge reasonableness of sentence on appeal).
Accordingly, we grant counsel’s motion to withdraw, and we affirm.
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Appellate Case: 13-3574

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Date Filed: 05/06/2014 Entry ID: 4150931