United States v. Christopher Mosley , 155 F. App'x 252 ( 2005 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-3224
    ___________
    United States of America,                *
    *
    Appellee,                   * Appeal from the United States
    * District Court for the
    v.                                 * Northern District of Iowa.
    *
    Christopher Mosley,                      * [UNPUBLISHED]
    *
    Appellant.                  *
    ___________
    Submitted: December 7, 2005
    Filed: December 12, 2005
    ___________
    Before MURPHY, SMITH, and BENTON, Circuit Judges.
    ___________
    PER CURIAM.
    Christopher Mosley pleaded guilty in June 1992 to possession with intent to
    distribute 5 or more grams of a mixture containing cocaine base, in violation of 
    21 U.S.C. § 841
    (a)(1) and (b)(1)(B) (a Class B felony), and to being a felon in possession
    of ammunition, in violation of 
    18 U.S.C. § 922
    (g)(1). He was sentenced to 160
    months imprisonment and 5 years supervised release. See 
    21 U.S.C. § 841
    (a)(1),
    (b)(1)(B); 
    18 U.S.C. § 3559
    (a)(2) (offense classification). The district court1 later
    revoked supervised release–upon Mosley’s admissions that he had violated certain
    1
    The Honorable Linda R. Reade, United States District Judge for the Northern
    District of Iowa.
    release conditions–and imposed a new sentence of 36 months imprisonment. Mosley
    appeals this sentence arguing that the sentence is excessive and that the district court
    failed to consider appropriate factors.
    These arguments fail. The new prison term was within authorized limits, and
    the hearing transcript shows that the district court considered appropriate factors in
    imposing this revocation sentence. See 
    18 U.S.C. § 3583
    (e)(3) (requiring
    consideration of 
    18 U.S.C. § 3553
    (a) factors; authorizing up to 3 years imprisonment
    upon revocation of supervised release where original offense is Class B felony). We
    conclude that Mosley’s sentence is not unreasonable. See United States v. Tyson, 
    413 F.3d 824
    , 825 (8th Cir. 2005) (per curiam) (standard of review).
    Accordingly, we affirm, and we also grant counsel’s motion to withdraw.
    ______________________________
    -2-
    

Document Info

Docket Number: 04-3224

Citation Numbers: 155 F. App'x 252

Judges: Murphy, Smith, Benton

Filed Date: 12/12/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024