United States v. Erick Russell , 495 F. App'x 768 ( 2012 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-1130
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Erick Dewray Russell, also
known as Kenyatta Dewray Khalid
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Minnesota - St. Paul
____________
Submitted: December 10, 2012
Filed: December 21, 2012
[Unpublished]
____________
Before WOLLMAN, BYE, and BENTON, Circuit Judges.
____________
PER CURIAM.
Erick Dewray Russell violated the terms of his supervised release. The district
1
court revoked his release and sentenced him to twelve months and one day in prison.
Russell appeals, arguing that the sentence is unreasonable because it is greater than
necessary to accomplish the goals of sentencing and does not reflect the mitigating
facts he presented. We conclude that the district court did not abuse its discretion in
imposing the sentence. See United States v. Petreikis, 551 F.3d 822, 824 (8th Cir.
2009) (standard of review). Our review of the record satisfies us that the district court
gave due consideration to Russell’s arguments for mitigation and that Russell
otherwise has not overcome the presumption of reasonableness we accord to sentences
within the advisory Guidelines range. See id. (revocation sentence within the
Guidelines range is accorded presumption of substantive reasonableness on appeal).
The sentence is affirmed.
______________________________
1
The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
-2-