United States v. Robert O'Rourke


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4386276-2] motion to withdraw as counsel filed by Ms. Ann M. Koszuth. [4425246] [16-1594]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1594 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Robert L. O'Rourke lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: July 6, 2016 Filed: July 13, 2016 [Unpublished] ____________ Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Robert L. O’Rourke directly appeals after the district court1 revoked his supervised release and sentenced him to 6 months in prison and 30 months of 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. Appellate Case: 16-1594 Page: 1 Date Filed: 07/13/2016 Entry ID: 4425246 supervised release. After careful review, this court affirms. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (this court reviews revocation sentence for abuse of discretion, first reviewing for significant procedural error, and then considering substantive reasonableness). The district court identified the relevant sentencing factors, explained its reasons for the sentence, and did not commit a clear error of judgment. See id. at 917 (outlining substantive-reasonableness test); see also United States v. Hum, 766 F.3d 925, 927-28 (8th Cir. 2014) (per curiam) (rejecting argument that district court failed to adequately consider 18 U.S.C. § 3553(a) factors, as court properly considered defendant’s history and noncompliance on supervision, and need to deter and maintain respect for court’s directives). The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 16-1594 Page: 2 Date Filed: 07/13/2016 Entry ID: 4425246

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