United States of America v. David Alden Johnston

United States Court of Appeals
For the Eighth Circuit
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No. 13-3474
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Alden Johnston
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: March 20, 2014
Filed: April 28, 2014
[Unpublished]
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
David Johnston directly appeals the within-Guidelines-range sentence the
district court 1 imposed upon revoking his supervised release. He argues that the
1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.

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district court did not properly balance the relevant 18 U.S.C. § 3553(a) factors, and
that his revocation sentence is unreasonable. His counsel has also moved for leave to
withdraw.
Upon careful review, see United States v. Miller, 557 F.3d 910, 915-917 (8th
Cir. 2009) (appeals court reviews revocation sentence for abuse of discretion), we
conclude that the district court properly considered and balanced the relevant
sentencing factors, and did not impose an unreasonable sentence, 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 of the district court, and we grant counsel’s motion to withdraw,
subject to counsel informing Johnston about procedures for seeking rehearing or filing
a petition for certiorari.
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