United States v. Gail Burshiem, No. 07-1282 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - revocation of probation. Court properly considered relevant factors under 18 U.S.C. sec. 3553(a) and did not impose an unreasonable sentence following revocation of probation.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-1282 ___________ United States of America, Appellee, v. Gail Burshiem, Appellant. * * * * Appeal from the United States * District Court for the * District of South Dakota. * * [UNPUBLISHED] * ___________ Submitted: September 7, 2007 Filed: October 4, 2007 ___________ Before BYE, RILEY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Gail Burshiem (Burshiem) pled guilty to obtaining controlled substances by fraud, in violation of 21 U.S.C. §§ 843(a)(3) and 846, and was sentenced to four years probation. Finding Burshiem violated the conditions of her probation, the district court1 later revoked Burshiem s probation and sentenced her to 9 months imprisonment and 12 months supervised release. On appeal, Burshiem s counsel moved to withdraw and filed a brief arguing the sentence imposed is unreasonable. After reviewing the record and counsel s brief, we conclude the court considered 1 The Honorable Karen E. Schreier, Chief Judge, United States District Court for the District of South Dakota. relevant 18 U.S.C. § 3553(a) factors and did not impose an unreasonable sentence. See United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard of review). We therefore affirm, and we grant counsel s motion to withdraw. ______________________________ -2-
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