United States v. Andrew Spotted Elk

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Lavenski R. Smith and Duane Benton (UNPUBLISHED); Granting [4283787-2] motion to withdraw as counsel filed by Ms. Jana Miner. [4308750] [15-1941]

United States Court of Appeals
For the Eighth Circuit
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No. 15-1941
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Andrew Spotted Elk
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Pierre
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Submitted: August 19, 2015
Filed: August 24, 2015
[Unpublished]
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Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
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PER CURIAM.
Andrew Spotted Elk directly appeals the sentence that the district court1
imposed upon revoking his supervised release, arguing that his six-month prison
1

The Honorable Roberto A. Lange, United States District Judge for the District
of South Dakota.

Appellate Case: 15-1941

Page: 1

Date Filed: 08/24/2015 Entry ID: 4308750

sentence is substantively unreasonable. Upon careful review, see United States v.
Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (appellate review of revocation
sentence), we conclude that the within-Guidelines-range sentence is not substantively
unreasonable, see United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). We
grant counsel’s motion to withdraw. The judgment is affirmed.
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Appellate Case: 15-1941

Page: 2

Date Filed: 08/24/2015 Entry ID: 4308750