United States v. Charles Southern, Jr., No. 15-3870 (8th Cir. 2016)

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Court Description: Per Curiam - Before Gruender, Arnold and Shepherd, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was substantively reasonable. [ April 11, 2016

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3870 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Charles Leroy Southern, Jr. lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: April 7, 2016 Filed: April 12, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. While serving a period of supervised release on a federal criminal sentence, Charles Southern admitted to the district court1 that he had violated his release 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. conditions. The court revoked supervised release and imposed a revocation sentence of 5 months in prison--a sentence falling below the advisory Guidelines revocation range--and 41 months of additional supervised release. Mr. Southern appeals, and argues for reversal that the sentence is substantively unreasonable. Upon careful review of the record before us, we reject Mr. Southern’s argument, and conclude that the sentence is substantively reasonable. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009). Accordingly, the judgment is affirmed, and we grant counsel leave to withdraw. ______________________________ -2-

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