United States of America v. Andrew Spotted Elk

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1941
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Andrew Spotted Elk
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Pierre
____________
Submitted: August 19, 2015
Filed: August 24, 2015
[Unpublished]
____________
Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
____________
PER CURIAM.
Andrew Spotted Elk directly appeals the sentence that the district court1
imposed upon revoking his supervised release, arguing that his six-month prison
The Honorable Roberto A. Lange, United States District Judge for the District1
of South Dakota.

-- 1 of 2 --

sentence is substantively unreasonable. Upon careful review, see United States v.
Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (appellate review of revocation
sentence), we conclude that the within-Guidelines-range sentence is not substantively
unreasonable, see United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). We
grant counsel’s motion to withdraw. The judgment is affirmed.
______________________________
-2-

-- 2 of 2 --