United States of America v. Jeffery Hughes

17-2516Court of Appeals for the Eighth Circuit31 mag 2019

Testo completo

United States Court of Appeals
For the Eighth Circuit
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No. 18-3476
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jeffery Hughes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: April 18, 2019
Filed: May 2, 2019
[Unpublished]
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Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Jeffery Hughes directly appeals the district court’s 1 order revoking (for the
second time) Hughes’s supervised release, and sentencing him to ten months in prison
1The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.

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and five years of supervised release. Hughes’s brief asserts his claim that the sentence
is greater than that necessary to sufficiently comply with the purposes set forth in 18
U.S.C. § 3553(a). Our review of the record satisfies us that the district court did not
abuse its discretion in imposing a within-Guidelines-range revocation sentence after
consideration of the factors outlined in that statute. See 18 U.S.C. § 3583(e)(3);
United States v. Petreikis, 551 F.3d 822, 824-25 (8th Cir. 2009) (holding that
revocation sentences are reviewed for abuse of discretion under same
“reasonableness” standard that applies to initial sentencing proceedings;
within-Guidelines-range revocation sentence is accorded presumption of
reasonableness on appeal).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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