United States v. A.E.B. , 355 F. App'x 979 ( 2009 )


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  •                       United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 09-1903
    ___________
    United States of America,                 *
    *
    Appellee,                    *
    * Appeal from the United States
    v.                                  * District Court for the
    * District of South Dakota.
    A.E.B., Juvenile,                         *
    * [UNPUBLISHED]
    Appellant.                   *
    ___________
    Submitted: November 30, 2009
    Filed: December 14, 2009
    ___________
    Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
    ___________
    PER CURIAM.
    A.E.B. appeals the 14-month sentence the district court1 imposed upon
    revocation of his juvenile-delinquent supervision. He argues that the court failed to
    consider fairly the 18 U.S.C. § 3553(a) factors, resulting in a sentence that is excessive
    and constitutes an abuse of discretion.
    Upon careful review, we conclude the revocation sentence was not imposed in
    violation of the law, and is not plainly unreasonable. See United States v. M.R.M.,
    1
    The Honorable Charles B. Kornmann, United States District Judge for the
    District of South Dakota.
    
    513 F.3d 866
    , 868 (8th Cir. 2008) (standard of review). The sentence is within
    statutory limits, see 18 U.S.C. § 5037(d)(5) (authorized term of sentence upon
    revocation of juvenile-delinquent supervision); and the court explicitly considered
    multiple relevant section 3553(a) factors, and stated the reasons for its sentence, see
    
    M.R.M., 513 F.3d at 868
    (court enjoys broad discretion in sentencing juveniles under
    Federal Juvenile Delinquency Act); United States v. Larison, 
    432 F.3d 921
    , 923 (8th
    Cir. 2006) (record must show that, in sentencing defendant, court considered relevant
    matters and stated reason for its decision).
    Accordingly, we affirm, and we allow counsel to withdraw, subject to counsel
    informing appellant about procedures for seeking rehearing and filing a petition for
    certiorari.
    ______________________________
    -2-
    

Document Info

Docket Number: 09-1903

Citation Numbers: 355 F. App'x 979

Judges: Colloton, Murphy, Per Curiam, Shepherd

Filed Date: 12/14/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024