United States v. Michael Heggie ( 2019 )


Menu:
  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 19-2795
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Michael A. Heggie
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Western District of Missouri - Kansas City
    ____________
    Submitted: December 10, 2019
    Filed: December 13, 2019
    [Unpublished]
    ____________
    Before BENTON, KELLY, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Michael Heggie appeals after the district court1 revoked his supervised release,
    and sentenced him to a 12-month prison term. His counsel has moved for leave to
    1
    The Honorable Greg Kays, United States District Judge for the Western
    District of Missouri.
    withdraw, and has filed a brief suggesting that the revocation sentence is
    substantively unreasonable. We conclude that Heggie’s revocation sentence, which
    is within the statutory limits and the undisputed Chapter 7 advisory Guidelines range,
    is not substantively unreasonable. See 18 U.S.C. § 3583(e)(3) (maximum prison term
    upon revocation is 2 years for Class C felony); United States v. Petreikis, 
    551 F.3d 822
    , 824-25 (8th Cir. 2009) (supervised-release revocation sentence is reviewed for
    substantive reasonableness under deferential abuse-of-discretion standard; within-
    Guidelines-range revocation sentence is accorded presumption of reasonableness on
    appeal). We therefore affirm, and we grant counsel’s motion to withdraw.
    ______________________________
    -2-
    

Document Info

Docket Number: 19-2795

Filed Date: 12/13/2019

Precedential Status: Non-Precedential

Modified Date: 12/13/2019