United States v. David Sagert, No. 08-1801 (8th Cir. 2008)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence imposed upon after revocation of defendant's supervised release was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1801 ___________ United States of America, Appellee, v. David Carl Sagert, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: September 23, 2008 Filed: September 26, 2008 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. David Carl Sagert appeals the sentence the district court1 imposed after revoking his supervised release. After reviewing the record and counsel s brief, we conclude that Sagert s sentence is not unreasonable, see United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard of review of revocation sentences), because it is within the statutory limits of 18 U.S.C. § 3583(e)(3), and it resulted from the district court s consideration of appropriate factors under 18 U.S.C. § 3553(a), see United States v. Nelson, 453 F.3d 1004, 1006 (8th Cir. 2006) (appellate 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. court reviews revocation sentence to determine whether it is unreasonable in relation to, inter alia, certain § 3553(a) factors). Accordingly, we grant counsel s motion to withdraw, and we affirm. ______________________________ -2-
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