United States of America v. Floyd Frank Ezell

United States Court of Appeals
For the Eighth Circuit
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No. 14-3233
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Floyd Frank Ezell
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: December 15, 2014
Filed: December 22, 2014
[Unpublished]
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Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Floyd Ezell directly appeals the sentence that the district court imposed on him1
after revoking his supervised release. For reversal, Ezell argues that the court abused
The Honorable Robert W. Pratt, United States District Judge for the Southern1
District of Iowa.

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its discretion in failing to credit against his 4-month revocation sentence the time that he
spent in state custody on a drug charge. This challenge is without merit. See United
States v. Wilson, 503 U.S. 329, 333-35 (1992) (18 U.S.C. § 3585(b) does not
authorize district court, at sentencing, to compute credit for time served). To the
extent Ezell’s argument encompasses a claim that the revocation sentence imposed
is unreasonable, we conclude after careful review that the below-Guidelines-range
sentence is not unreasonable. See United States v. Miller, 557 F.3d 910, 915-16 (8th
Cir. 2009) (appellate review of revocation sentence). Accordingly, we affirm the
judgment of the district court. We also grant counsel’s motion for leave to withdraw.
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