United States v. Robert Rosso, Jr., No. 23-2566 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Colloton, and Gruender, Circuit Judges] Criminal case - Criminal law. Because defendant did not challenge the revocation of his supervised release before the district court, the court's review is for plain error, and the district court did not plainly err by revoking defendant's supervised release.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2566 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Robert Joseph Rosso, Jr., lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: October 31, 2023 Filed: November 3, 2023 [Unpublished] ____________ Before LOKEN, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Robert Rosso, Jr. appeals after the district court1 revoked his supervised release and sentenced him to time served and 3 years of supervised release. His counsel has 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. moved to withdraw, and has filed a brief challenging the revocation. Rosso has filed a pro se brief also challenging the revocation. Because Rosso did not challenge the revocation in the district court, this court’s review is for plain error. See United States v. Snow, 949 F.3d 1094, 1096 (8th Cir. 2020). After a careful review of the record, we conclude that the district court did not plainly err by revoking Rosso’s supervised release. Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________ -2-
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