United States v. Frank Godino, No. 17-1262 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Murphy and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Sentence imposed upon the revocation of defendant's supervised release was not an abuse of the district court's discretion. [ August 21, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1262 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Frank James Godino lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: August 16, 2017 Filed: August 22, 2017 [Unpublished] ____________ Before WOLLMAN, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Frank Godino appeals the district court’s1 order revoking his supervised release and imposing a 10-month sentence. His counsel has moved for leave to withdraw and has filed a brief questioning the reasonableness of Godino’s revocation sentence. 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. We conclude from our review of the record that the district court did not abuse its discretion in sentencing Godino. See United States v. Johnson, 827 F.3d 740, 744 (8th Cir. 2016) (appellate court reviews district court’s revocation sentence under abuse-of-discretion standard); 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). The judgment is affirmed, and counsel is granted leave to withdraw. ______________________________ -2-
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