UNITED STATES v. MARIA (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Omar D. MARIA, Defendant-Appellant.

No. 17-2533

Decided: April 03, 2018

Before WOLLMAN, COLLOTON, and SHEPHERD, Circuit Judges.

Robert G. Kuchar, Asst. Fed. Public Defender, Kansas City, MO (Laine Cardarella, Fed. Public Defender, on the brief), for appellant. Bruce E. Clark, Asst. U.S. Atty., Kansas City, MO, for appellee.

[Unpublished]

Omar Maria directly appeals the within-Guidelines-range sentence the district court ¹ imposed upon revoking his supervised release. His counsel has moved for leave to withdraw, and has filed a brief arguing that the sentence is substantively unreasonable.

After careful review of the record, this court concludes that the district court did not abuse its discretion in sentencing Maria. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying presumption of substantive reasonableness to revocation sentence within Guidelines range). The judgment is affirmed, and counsel’s motion to withdraw is granted.

FOOTNOTES

1. The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.

PER CURIAM.

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