United States v. James Fugate, No. 13-3352 (8th Cir. 2014)

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Court Description: Criminal case - Sentencing. Sentence was not excessive or an abuse of discretion.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3352 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. James D. Fugate lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: May 7, 2014 Filed: May 20, 2014 [Unpublished] ____________ Before LOKEN, MURPHY, and SMITH, Circuit Judges. ____________ PER CURIAM. James Fugate appeals the 20-month prison sentence that the district court1 imposed upon him after revoking the supervised release that he had been serving for three offenses. For reversal, Fugate argues that the sentence is excessive. Upon careful review, see United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard of review), we conclude that the district court did not abuse its discretion. The revocation sentence is within statutory limits, and at the revocation hearing, the district court articulated multiple valid reasons for its sentencing decision. See 18 U.S.C. ยง 3583(e)(3); United States v. Mangum, 625 F.3d 466, 470 (8th Cir. 2010); United States v. Larison, 432 F.3d 921, 924 (8th Cir. 2006). Accordingly, we affirm. We also grant counsel s motion for leave to withdraw. We direct counsel to inform appellant about the procedures for filing a petition for rehearing and for certiorari. ______________________________ 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. -2-

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