United States v. David Johnston, No. 14-3793 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3793 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. David Alden Johnston, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: May 14, 2015 Filed: May 20, 2015 [Unpublished] ____________ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. David Johnston directly appeals after the district court1 revoked his supervised release and sentenced him within his Chapter 7 advisory Guidelines range to 10 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. months in prison, to be followed by additional supervised release. Johnston’s counsel has moved for leave to withdraw and has filed a brief arguing that Johnston’s sentence is substantively unreasonable. Upon careful review, we conclude that the district court did not impose an unreasonable revocation sentence. See United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (per curiam); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). Accordingly, we affirm the judgment of the district court. We also grant counsel’s motion for leave to withdraw. ______________________________ -2-
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