United States v. Rowland Zerba, Jr., No. 17-2960 (8th Cir. 2018)

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Court Description: Per Curiam - Before Wollman, Loken and Colloton, Circuit Judges] Criminal case - Sentencing. The district court had authority to impose a term of supervised release following a revocation prison term, and the term of supervised release is affirmed. [ January 16, 2018

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2960 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rowland F. Zerba, Jr. lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: January 17, 2018 Filed: January 19, 2018 [Unpublished] ____________ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. In this direct criminal appeal, Rowland Zerba challenges the district court1 order revoking his supervised release and imposing a 7-month sentence, followed by 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. 2 years of supervised release. His counsel has moved to withdraw, and has submitted a brief stating that Zerba believes the district court lacked authority to sentence him to additional supervised release because 18 U.S.C. ยง 3583(h), which specifically allows for supervised release following revocation and reincarceration, was not in effect at the time of his initial sentencing. After careful review of the record, we conclude that the district court had authority to impose a term of supervised release following a revocation prison term. See Johnson v. United States, 529 U.S. 694, 713 (2000); United States v. Palmer, 380 F.3d 395, 396-97 (8th Cir. 2004) (en banc) (standard of review). Accordingly, we grant counsel leave to withdraw, and affirm. ______________________________ -2-

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