United States of America v. Roberto V. Rivera

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1988
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Roberto V. Rivera
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Sioux Falls
____________
Submitted: September 17, 2014
Filed: September 23, 2014
[Unpublished]
____________
Before WOLLMAN, BYE, and SMITH, Circuit Judges.
____________
PER CURIAM.

-- 1 of 2 --

Roberto Rivera directly appeals the statutory-maximum sentence that the
district court imposed upon revoking his probation. For reversal, he argues that the1
sentence is substantively unreasonable.
Upon careful review, we conclude that the sentence is not unreasonable,
because the court properly considered the Chapter 7 policy statements and
appropriate 18 U.S.C. § 3553(a) factors, and gave supporting reasons for its decision.
See United States v. Larison, 432 F.3d 921, 924 (8th Cir. 2006) (affirming statutory-
maximum revocation sentence where district court justified decision by giving
supporting reasons); United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per
curiam) (revocation sentences are reviewed for unreasonableness in accordance with
United States v. Booker, 543 U.S. 220 (2005)). Accordingly, we affirm the judgment
of the district court. We also grant counsel’s motion for leave to withdraw.
______________________________
The Honorable Karen E. Schreier, United States District Judge for the District1
of South Dakota.
-2-

-- 2 of 2 --