United States v. Terrell Simpson


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); [4341487-2] Granting motion to withdraw as counsel filed by Ms. Laine Cardarella. [4399533] [15-3435]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3435 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Terrell Simpson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: May 6, 2015 Filed: May 17, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, SHEPHERD, Circuit Judges. ____________ PER CURIAM. Terrell Simpson challenges the district court’s1 finding that he violated the conditions of his supervised release and argues that the district court abused its 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. Appellate Case: 15-3435 Page: 1 Date Filed: 05/17/2016 Entry ID: 4399533 discretion in sentencing him to two years in prison. Additionally, his counsel has moved to withdraw. We conclude that the district court did not clearly err in its factual findings, or abuse its discretion in sentencing Simpson. See United States v. Miller, 557 F.3d 910, 914-917 (8th Cir. 2009) (standards of review); United States v. Meyer, 483 F.3d 865, 869 (8th Cir. 2007) (discussing reliability of sweat-patch results). Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment of the district court. ______________________________ -2- Appellate Case: 15-3435 Page: 2 Date Filed: 05/17/2016 Entry ID: 4399533

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