United States v. Blaine Kills Back, No. 16-4352 (8th Cir. 2017)

Annotate this Case

Court Description: Per Curiam - Before Gruender, Bowman and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's sentence was not an abuse of the district court's discretion. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud

Download PDF

United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4352 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Blaine Stacy Kills Back lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Rapid City ____________ Submitted: July 27, 2017 Filed: August 1, 2017 [Unpublished] ____________ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Blaine Stacy Kills Back directly appeals the above-Guidelines-range sentence the district court1 imposed upon revoking his supervised release. His counsel has 1 The Honorable Jeffrey L. Viken, Chief Judge, United States District Judge for the District of South Dakota. moved for leave to withdraw, and has filed a brief arguing that the sentence is unreasonable. After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Kills Back. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d 921, 922-24 (8th Cir. 2006) (revocation sentence may be unreasonable if district court fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment). Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment. ______________________________ -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.