United States v. Lowell Johnson

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Raymond W. Gruender and Duane Benton (UNPUBLISHED). Granting [4186736-2] motion to withdraw as counsel filed by Mr. John P. Messina. [4235487] [14-2690]

United States Court of Appeals
For the Eighth Circuit
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No. 14-2690
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Lowell Duane Johnson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: January 14, 2015
Filed: January 20, 2015
[Unpublished]
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Before SMITH, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Lowell Johnson directly appeals following the district court’s1 revocation of
his supervised release. For reversal, he argues that the court (1) erred in finding that
1

The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.

Appellate Case: 14-2690

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Date Filed: 01/20/2015 Entry ID: 4235487

he violated his release conditions, and (2) imposed an unreasonable revocation
sentence.
We conclude that the court did not abuse its discretion in revoking supervised
release, given the court’s finding that Johnson had violated multiple release
conditions, based both on Johnson’s admissions and the testimony of his probation
officer, which the court was entitled to credit. See 18 U.S.C. § 3583(e)(3); United
States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (standard of review; court’s
credibility determinations at revocation hearing are virtually unreviewable on appeal).
We also conclude that the court did not impose an unreasonable sentence. The court
carefully explained its sentencing decision, commenting on Johnson’s repeated
violations of his release conditions, the seriousness of the violations, his lack of
candor with his probation officer, and other relevant matters. See United States v.
Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (standard of review); United States v.
Thunder, 553 F.3d 605, 608-09 (8th Cir. 2009) (revocation sentence above advisory
range was not substantively unreasonable where defendant repeatedly violated
supervised release); United States v. Larison, 432 F.3d 921, 924 (8th Cir. 2006)
(affirming statutory maximum revocation sentence where district court justified
decision by giving supporting reasons).
Accordingly, we affirm the judgment of the district court. We also grant
counsel’s motion for leave to withdraw.
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Date Filed: 01/20/2015 Entry ID: 4235487