United States v. Charles Southern, Jr.


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4387444] [15-3870][4387444] [15-3870]--[Edited -- counsel letter sent in error, sending correct cover letter to appellant 04/13/2016 by JMM]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3870 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Charles Leroy Southern, Jr. lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: April 7, 2016 Filed: April 12, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 15-3870 Page: 2 Date Filed: 04/12/2016 Entry ID: 4387444

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