United States of America v. Terrence Lamar Hawkins

United States Court of Appeals
For the Eighth Circuit
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No. 17-1232
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Terrence Lamar Hawkins
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: July 24, 2017
Filed: August 4, 2017
[Unpublished]
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Before COLLOTON, MURPHY, and KELLY, Circuit Judges.
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PER CURIAM.
Terrence Hawkins brings this appeal after the district court revoked his1
supervised release on concurrent federal sentences that he was serving, and imposed
The Honorable Brian C. Wimes, United States District Judge for the Western1
District of Missouri.

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concurrent revocation sentences of 10 months in prison and no additional supervised
release.
For reversal, Hawkins challenges as unlawful a search during which a police
officer found drugs in his pocket. This argument fails because Hawkins did not raise
it below, and in any event, he did not allege harassment. See United States v.
Charles, 531 F.3d 637, 640 (8th Cir. 2008) (assuming defendant did not waive Fourth
Amendment argument by failing to raise it before district court, and holding that
exclusionary rule does not apply in revocation of supervised release proceedings
absent showing of harassment). Hawkins also argues that his sentence is
substantively unreasonable, but this argument fails as well. Reviewing for an abuse
of discretion, see United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (per
curiam) (standard of review), we conclude that the sentence, which is within the
advisory Guidelines revocation range, is not unreasonable, see United States v.
Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive
reasonableness to revocation sentence within Guidelines range).
Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
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