United States v. Chadwick Acison, No. 12-2506 (8th Cir. 2013)

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Court Description: Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was substantively reasonable. [ March 05, 2013

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2506 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Chadwick Wayne Acison lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: March 4, 2013 Filed: March 6, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. After Chadwick Acison stipulated to having violated his release conditions, the district court1 revoked his supervised release and imposed a sentence of 30 months 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. in prison with no supervised release to follow. Acison appeals, arguing that the court imposed an unreasonable sentence. We disagree. The record shows that the district court properly considered the relevant sentencing factors before imposing a revocation sentence that was authorized by statute and within the applicable Guidelines range. See 18 U.S.C. § 3583(e)(3); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range); United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004) (court need not list every 18 U.S.C. § 3553(a) factor when sentencing defendant upon revocation of supervised release). The judgment is affirmed. Counsel s motion to withdraw is granted. ______________________________ -2-

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