United States v. Charles Southern, Jr.
Filing
PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4387444] [15-3870][4387444] [15-3870]--[Edited -- counsel letter sent in error, sending correct cover letter to appellant 04/13/2016 by JMM]
United States Court of Appeals
For the Eighth Circuit
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No. 15-3870
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Charles Leroy Southern, Jr.
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: April 7, 2016
Filed: April 12, 2016
[Unpublished]
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Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.
While serving a period of supervised release on a federal criminal sentence,
Charles Southern admitted to the district court1 that he had violated his release
1
The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
Appellate Case: 15-3870
Page: 1
Date Filed: 04/12/2016 Entry ID: 4387444
conditions. The court revoked supervised release and imposed a revocation sentence
of 5 months in prison--a sentence falling below the advisory Guidelines revocation
range--and 41 months of additional supervised release. Mr. Southern appeals, and
argues for reversal that the sentence is substantively unreasonable.
Upon careful review of the record before us, we reject Mr. Southern’s
argument, and conclude that the sentence is substantively reasonable. See United
States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009). Accordingly, the judgment is
affirmed, and we grant counsel leave to withdraw.
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-2-
Appellate Case: 15-3870
Page: 2
Date Filed: 04/12/2016 Entry ID: 4387444
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