United States v. Michael Haynes, No. 17-1878 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Bowman and Benton, Circuit Judges] Criminal case - Sentencing. Within-guidelines sentence imposed upon the revocation of defendant's supervised release was substantively reasonable. [ November 27, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1878 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Michael Lee Haynes lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: November 21, 2017 Filed: November 28, 2017 [Unpublished] ____________ Before GRUENDER, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Michael Lee Haynes appeals the within-Guidelines sentence the district court1 imposed upon revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. 1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. Haynes’s counsel has filed a brief asserting that there are no nonfrivolous issues for appeal, and moved to withdraw. After careful review of the record, this court concludes that the district court did not abuse its discretion in sentencing Haynes. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range). The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ -2-
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