United States v. Jose Ruiz, Jr., No. 14-1927 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case - Sentencing. Anders case. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable. [ September 23, 2014
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1927 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jose Ruiz, Jr. lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: September 5, 2014 Filed: September 24, 2014 [Unpublished] ____________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Jose Ruiz directly appeals after the district court1 revoked his supervised release and sentenced him within the revocation Guidelines range to 37 months in 1 The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa. prison. Ruiz s counsel has moved to withdraw, and has filed a brief arguing that Ruiz s sentence is substantively unreasonable. Upon careful review, we conclude that the within-Guidelines-range revocation sentence was not substantively unreasonable. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range); see also United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (per curiam) (revocation sentence is reviewed for substantive reasonableness under deferential abuse-of-discretion standard). Counsel notes in the brief that Ruiz believes the district court judge should have recused himself, but nothing in the record indicates that a sua sponte recusal was warranted. See United States v. Melton, 738 F.3d 903, 905-06 (8th Cir. 2013) (discussing plainerror review of recusal issues raised for first time on appeal). Accordingly, we affirm the judgment of the district court, and we grant counsel s motion to withdraw, subject to counsel informing Ruiz about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
