United States of America v. Maurice Malone, also known as Tito

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1848
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Maurice Malone, also known as Tito
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Dubuque
____________
Submitted: October 14, 2016
Filed: October 19, 2016
[Unpublished]
____________
Before SMITH, BENTON, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Maurice Malone appeals the sentence the district court imposed after revoking1
his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
The Honorable Linda R. Reade, Chief Judge, United States District Court for1
the Northern District of Iowa.

-- 1 of 2 --

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-Guidelines-
range 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.
______________________________
-2-

-- 2 of 2 --