United States v. Leticia Caballero, No. 19-1473 (8th Cir. 2019)

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Court Description: Per Curiam - Before Loken, Gruender and Kobes, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not an abuse of the district court's discretion. [ August 28, 2019

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1473 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Leticia Maria Caballero lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: August 26, 2019 Filed: August 29, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and KOBES, Circuit Judges. ____________ PER CURIAM. Leticia Caballero appeals after the district court1 revoked her supervised release, and sentenced her above the advisory Guidelines range to 18 months in 1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. prison. Her counsel has moved for leave to withdraw, and has filed a brief challenging the sentence. After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Caballero, as it properly considered the 18 U.S.C. § 3553(a) factors; there was no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); and the sentence was below the statutory limit, see 18 U.S.C. §§ 3583(e)(3). Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________ -2-

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