United States v. Rena Kirk

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PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4351841-2] motion to withdraw as counsel filed by Mr. John P. Messina. [4389630] [15-3761]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3761 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rena Shannell Kirk lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: April 14, 2016 Filed: April 19, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Rena Kirk challenges the reasonableness of the sentence the district court1 imposed upon revoking her supervised release. Upon careful review, we conclude 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. Appellate Case: 15-3761 Page: 1 Date Filed: 04/19/2016 Entry ID: 4389630 that the revocation sentence is not unreasonable. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (discussing appellate review of revocation sentence); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (when court imposed below-Guidelines-range sentence, it was “nearly inconceivable” that court abused its discretion in not varying downward still further). Accordingly, the judgment is affirmed. We also grant counsel’s motion for leave to withdraw. ______________________________ -2- Appellate Case: 15-3761 Page: 2 Date Filed: 04/19/2016 Entry ID: 4389630

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