United States v. Justin Halter

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Kermit E. Bye and Lavenski R. Smith (UNPUBLISHED); Granting [4179840-2] motion to withdraw as counsel filed by Ms. Susan Renee Stockdale. [4208125] [14-2317]

United States Court of Appeals
For the Eighth Circuit
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No. 14-2317
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Justin Joseph Halter
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: October 15, 2014
Filed: October 21, 2014
[Unpublished]
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Before WOLLMAN, BYE, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 14-2317

Page: 1

Date Filed: 10/21/2014 Entry ID: 4208125

Justin Halter directly appeals following the district court’s1 revocation of his
supervised release. He argues that the court abused its discretion in revoking
supervised release and in imposing a 9-month prison sentence.
We conclude that the court did not abuse its discretion in revoking supervised
release based on its finding that Halter had violated his release conditions, given
Halter’s admissions and the testimony of his probation officer, which the court was
entitled to credit. See United States v. Edwards, 400 F.3d 591, 592 (8th Cir. 2005)
(per curiam) (given defendant’s admission of violation, there was no clear error in fact
findings supporting revocation, and no abuse of discretion in decision to revoke);
United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (court’s credibility
determinations at revocation hearing are virtually unreviewable on appeal). We also
conclude that the within-Guidelines-range revocation sentence is not unreasonable.
See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009).
Accordingly, we affirm the judgment of the district court. We also grant
counsel’s motion for leave to withdraw.
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1

The Honorable John A. Jarvey, United States District Judge for the Southern
District of Iowa.
-2-

Appellate Case: 14-2317

Page: 2

Date Filed: 10/21/2014 Entry ID: 4208125