United States v. Jose Victor, No. 17-2322 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Murphy and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. 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. 17-2322 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jose Eduardo Victor, also known as Junior, also known as Jose Eduardo Muratalla lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: February 9, 2018 Filed: February 12, 2018 [Unpublished] ____________ Before GRUENDER, MURPHY and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Jose Eduardo Victor appeals after the district court1 revoked his supervised release, and sentenced him to 18 months in prison and 3 years of supervised release. His counsel has filed a brief challenging the substantive reasonableness of the revocation sentence. Upon careful review, we conclude that the sentence was not substantively unreasonable. See United States v. Merrival, 521 F.3d 889, 890 (8th Cir. 2008) (abuse-of-discretion review); see also United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (per curiam) (district court acted well within its broad discretion in imposing above-Guidelines revocation sentence where it considered appropriate 18 U.S.C. § 3553(a) factors, sufficiently explained reasoning for variance, and imposed sentence within statutory limits). Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________ 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. -2-
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