United States v. Jasper Peneaux, Jr. ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1927
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jasper J. Peneaux, Jr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Pierre
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Submitted: December 11, 2019
Filed: December 16, 2019
[Unpublished]
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Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Jasper Peneaux appeals after the district court1 revoked his supervised release
and sentenced him to 2 months in prison and 12 months of supervised release. His
1
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
counsel has moved for leave to withdraw, and has filed a brief challenging the
revocation. Peneaux has not filed a pro se brief.
After careful review of the record, we conclude the district court did not err in
finding that Peneaux violated the conditions of his supervised release, or abuse its
discretion by revoking Peneaux’s supervised release. See 18 U.S.C. § 3583(e)(3)
(court may revoke supervised release if it finds by preponderance of evidence that
defendant violated condition of supervised release); United States v. Miller, 557 F.3d
910, 913-14 (8th Cir. 2009) (this court reviews decision to revoke supervised release
for abuse of discretion, and underlying factual findings as to whether a violation
occurred for clear error).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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