United States v. Andrew Spotted Elk, No. 15-1941 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Criminal case - Sentencing. Within-Guidelines-range sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable. [ August 21, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1941 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Andrew Spotted Elk lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Pierre ____________ Submitted: August 19, 2015 Filed: August 24, 2015 [Unpublished] ____________ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Andrew Spotted Elk directly appeals the sentence that the district court1 imposed upon revoking his supervised release, arguing that his six-month prison 1 The Honorable Roberto A. Lange, United States District Judge for the District of South Dakota. sentence is substantively unreasonable. Upon careful review, see United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (appellate review of revocation sentence), we conclude that the within-Guidelines-range sentence is not substantively unreasonable, see United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). We grant counsel’s motion to withdraw. The judgment is affirmed. ______________________________ -2-
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