United States v. Christopher Fisher

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4389286-2] motion to withdraw as counsel filed by Mr. Frederic Montgomery Brown. [4418418] [16-1087]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1087
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Christopher Michael Fisher
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: June 23, 2016
Filed: June 28, 2016
[Unpublished]
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Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Christopher Michael Fisher appeals the sentence imposed by the district court1
following a revocation hearing. Having jurisdiction under 28 U.S.C. § 1291, this
court affirms.
1

The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.

Appellate Case: 16-1087

Page: 1

Date Filed: 06/28/2016 Entry ID: 4418418

At the hearing, Fisher admitted that he had violated the conditions of his
supervised release. The district court revoked supervised release and sentenced him
to 12 months and one day in prison—a term within the recommended Guidelines
revocation range—and 48 months of supervised release. Fisher asserts that the
sentence is substantively unreasonable.
This court finds no abuse of discretion. See United States v. Miller, 557 F.3d
910, 917 (8th Cir. 2009) (discussing abuse-of-discretion review for substantive
reasonableness of revocation sentence); United States v. Petreikis, 551 F.3d 822, 824
(8th Cir. 2009) (applying presumption of reasonableness to revocation sentence
within Guidelines range).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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Appellate Case: 16-1087

Page: 2

Date Filed: 06/28/2016 Entry ID: 4418418