United States v. Vernice Christian, No. 09-3278 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Sentencing. Sentence imposed upon revocation of defendant's supervised release was not unreasonable.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3278 ___________ United States of America, Appellee, v. Vernice Christian, Appellant. * * * * * Appeal from the United States * District Court for the * Western District of Arkansas. * * [UNPUBLISHED] ___________ Submitted: February 17, 2010 Filed: February 24, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. In this direct criminal appeal, Vernice Christian challenges the reasonableness of the twelve-month, within-Guidelines-range sentence that the District Court1 imposed upon revoking his supervised release. Upon careful review, we conclude that the revocation sentence is not unreasonable. See United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (noting that revocation sentences are reviewed for unreasonableness in accordance with United States v. Booker, 543 U.S. 220 (2005)); see also 18 U.S.C. § 3583(e) (2006) (setting statutory maximum revocation 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. sentences and requiring that a court consider certain of the factors set forth in 18 U.S.C. § 3553(a) before imposing a revocation sentence); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (noting that a district court need not make specific findings on the § 3553(a) factors in a revocation proceeding and that a revocation sentence within the Guidelines range is accorded a presumption of reasonableness). We affirm the district court s judgment, and we grant counsel s motion to withdraw. ______________________________ -2-
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