United States v. Gary Penn ( 2014 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-2795
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Gary Penn
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: December 1, 2014
Filed: December 12, 2014
[Unpublished]
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Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Gary Penn appeals after the District Court1 revoked his supervised release and
sentenced him within the Chapter 7 advisory United States Sentencing Guidelines
1
The Honorable Beth Phillips, United States District Judge for the Western
District of Missouri.
range to 12 months in prison. Penn’s counsel has moved to withdraw and has filed
a brief arguing that Penn’s sentence is substantively unreasonable.
Upon careful review, we conclude that the District Court did not impose an
unreasonable revocation sentence. See United States v. Growden, 663 F.3d 982, 984
(8th Cir. 2011) (per curiam) (describing appellate review of revocation sentences);
United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying a presumption
of substantive reasonableness to a revocation sentence within the Guidelines range).
Accordingly, we affirm the judgment of the District Court. We also grant
counsel’s motion for leave to withdraw.
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