United States v. Ronnie Gaines, No. 20-2725 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Shepherd, Kelly and Stras, Circuit Judges] Criminal case - Sentencing. Anders case. The sentence imposed upon the revocation of defendant's supervised release was substantively reasonable. [ January 06, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2725 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Ronnie C. Gaines, also known as Mississippi lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 21, 2020 Filed: January 7, 2021 [Unpublished] ____________ Before SHEPHERD, KELLY, and STRAS, Circuit Judges. ____________ PER CURIAM. Ronnie C. Gaines appeals after the district court1 revoked his supervised release, and imposed a prison term within the Chapter 7 advisory Guidelines range 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. and statutory maximum. His counsel has moved for leave to withdraw, and has filed a brief suggesting that the revocation sentence is substantively unreasonable. We conclude that Gaines’s revocation sentence is not substantively unreasonable. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 3 years if underlying offense is Class B felony, and 2 years if underlying offense is class C felony); United States v. Perkins, 526 F.3d 1107, 1109-10 (8th Cir. 2008) (substantive reasonableness of revocation sentence is reviewed for abuse of discretion; revocation sentence within Guidelines range is accorded presumption of substantive reasonableness on appeal). We therefore affirm, and we grant counsel’s motion to withdraw. ______________________________ -2-
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