United States of America v. Mark Steven Hall

United States Court of Appeals
For the Eighth Circuit
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No. 17-3387
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Mark Steven Hall
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: April 30, 2018
Filed: May 3, 2018
[Unpublished]
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Before GRUENDER, BENTON, and STRAS, Circuit Judges.
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PER CURIAM.
Mark Hall directly appeals the sentence the district court imposed upon him1
after revoking his supervised release. Hall’s counsel has moved for leave to withdraw
The Honorable Stephanie M. Rose, United States District Judge for the1
Southern District of Iowa.

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and has filed a brief questioning whether the district court appropriately handled the
government’s nondisclosure of certain evidence to defense counsel prior to the
revocation hearing.
We conclude that the district court’s response was appropriate. Hall knew the
nature of the undisclosed evidence, had an opportunity to confer with counsel during
a short continuance, and did not request a longer continuance. See Fed. R. Crim. P.
16(d)(2) (listing the available remedies for a party’s failure to comply with discovery
rules); United States v. Tibesar, 894 F.2d 317, 319 (8th Cir. 1990) (reviewing a
district court’s decision not to exclude evidence under Rule 16 for an abuse of
discretion).
We accordingly affirm the judgment and grant counsel’s motion to withdraw.
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