United States v. Maurice Malone

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Duane Benton and Bobby E. Shepherd (UNPUBLISHED); Granting [4414017-2] motion to withdraw as counsel filed by Mr. John D. Jacobsen. [4460452] [16-1848]

United States Court of Appeals
For the Eighth Circuit
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No. 16-1848
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Maurice Malone, also known as Tito
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Dubuque
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Submitted: October 14, 2016
Filed: October 19, 2016
[Unpublished]
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Before SMITH, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Maurice Malone appeals the sentence the district court1 imposed after revoking
his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
1

The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.

Appellate Case: 16-1848

Page: 1

Date Filed: 10/19/2016 Entry ID: 4460452

The district court did not abuse its discretion. See United States v. Merrival,
521 F.3d 889, 890 (8th Cir. 2008) (substantive reasonableness of revocation sentence
is reviewed under deferential abuse-of-discretion standard). The within-Guidelinesrange sentence was not substantively unreasonable, and the court considered the 18
U.S.C. § 3553(a) factors. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir.
2009) (applying presumption of substantive reasonableness to revocation sentence
within Guidelines range); United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009)
(under substantive-reasonableness test, district court abuses its discretion if it fails to
consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant
factor, or commits clear error of judgment in weighing factors).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
______________________________

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Appellate Case: 16-1848

Page: 2

Date Filed: 10/19/2016 Entry ID: 4460452