United States v. Eric Lawrence, No. 08-2138 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal Case - supervised release. Revocation sentence of 36 months is not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2138 ___________ United States of America, Appellee, v. Eric Lawrence, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: November 27, 2009 Filed: December 4, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Eric Lawrence appeals the sentence the district court1 imposed after revoking his supervised release, arguing that the 36-month prison term is unreasonable. Upon careful review, we conclude the revocation sentence is not unreasonable. See 18 U.S.C. § 3583(e)(3); U.S.S.G. § 7B1.4, cmt. n.4 (establishing a sentence above the recommended revocation range may be warranted where the original sentence resulted from a downward departure as a reward for substantial assistance); United States v. Eagle Thunder, 553 F.3d 605, 608-09 (8th Cir. 2009) (holding a revocation sentence 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. above the advisory Guidelines range was not unreasonable where defendant repeatedly violated supervised release); United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard of review). We affirm the judgment of the district court, and we grant counsel s motion to withdraw. ______________________________ -2-
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