United States v. Tommie Thompson, No. 17-3157 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Benton and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable. [ May 04, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3157 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Tommie Lee Thompson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: May 3, 2018 Filed: May 7, 2018 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Tommie Lee Thompson appeals the sentence the district court1 imposed upon him after it revoked his supervised release. Thompson’s counsel has moved for leave 1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. to withdraw and has filed a brief challenging the substantive reasonableness of Thompson’s 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) (reviewing the substantive reasonableness of a post-revocation sentence under an abuse-of-discretion standard); see also United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying a presumption of substantive reasonableness to a postrevocation, within-Guidelines-range prison sentence). Accordingly, we affirm the judgment and grant counsel’s motion to withdraw. ______________________________ -2-
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