United States v. Erick Russell, No. 12-1130 (8th Cir. 2012)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was substantively reasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1130 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Erick Dewray Russell, also known as Kenyatta Dewray Khalid lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: December 10, 2012 Filed: December 21, 2012 [Unpublished] ____________ Before WOLLMAN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Erick Dewray Russell violated the terms of his supervised release. The district court revoked his release and sentenced him to twelve months and one day in prison. Russell appeals, arguing that the sentence is unreasonable because it is greater than necessary to accomplish the goals of sentencing and does not reflect the mitigating facts he presented. We conclude that the district court did not abuse its discretion in imposing the sentence. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (standard of review). Our review of the record satisfies us that the district court gave due consideration to Russell s arguments for mitigation and that Russell otherwise has not overcome the presumption of reasonableness we accord to sentences within the advisory Guidelines range. See id. (revocation sentence within the Guidelines range is accorded presumption of substantive reasonableness on appeal). The sentence is affirmed. ______________________________ 1 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. -2-
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