United States v. Shawn Sweeney

Filing

[4477375] PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Steven M. Colloton and Raymond W. Gruender (UNPUBLISHED); Granting [4439616-2] motion to withdraw as counsel filed by Mr. Bernard John Burns, III. [4477375] [16-3337]

United States Court of Appeals
For the Eighth Circuit
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No. 16-3337
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Shawn Patrick Sweeney,
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: November 30, 2016
Filed: December 8, 2016
[Unpublished]
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Before COLLOTON, MURPHY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Shawn Sweeney directly appeals the sentence the district court1 imposed upon
revoking his supervised release. His revocation sentence is composed of six months
1

The Honorable Rebecca Ebinger, United States District Judge for the Southern
District of Iowa.

Appellate Case: 16-3337

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Date Filed: 12/08/2016 Entry ID: 4477375

in prison and thirty-six months of supervised release. On appeal, Sweeney argues that
the sentence is unreasonable. In addition, his counsel has moved for leave to
withdraw.
Reviewing Sweeney’s revocation sentence for an abuse of discretion, see
United States v. Hum, 766 F.3d 925, 927 (8th Cir. 2014) (per curiam), we conclude
that the sentence is not unreasonable, as both the prison term and the supervisedrelease term are within statutory limitations, and the prison term is within the
applicable advisory Guidelines range, see United States v. Petrekis, 551 F.3d 822,
824 (8th Cir. 2009). We affirm the judgment, and we grant counsel’s motion to
withdraw.
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Date Filed: 12/08/2016 Entry ID: 4477375