United States v. Shawn Sweeney


[4477375] PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Steven M. Colloton and Raymond W. Gruender (UNPUBLISHED); Granting [4439616-2] motion to withdraw as counsel filed by Mr.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

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3337 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Shawn Patrick Sweeney, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: November 30, 2016 Filed: December 8, 2016 [Unpublished] ____________ Before COLLOTON, MURPHY, and GRUENDER, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 16-3337 Page: 2 Date Filed: 12/08/2016 Entry ID: 4477375

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