UNITED STATES v. REESE (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Larry REESE, Defendant-Appellant.

No. 17-1773

Decided: May 03, 2018

Before BENTON, MURPHY, and ERICKSON, Circuit Judges.

S. Chase Higinbotham, Jr., Lee’s Summit, MO, for appellant. Rudolph R. Rhodes IV, Asst. U.S. Atty., Kansas City, MO (Timothy A. Garrison, U.S. Atty., on the brief), for appellee.

[Unpublished]

Larry D. Reese directly appeals the above-Guidelines-range sentence the district court ¹ imposed upon revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

In a brief filed under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel has moved for leave to withdraw, and asserts that the sentence is unreasonable because the district court failed to take into account several mitigating factors.

This court concludes that the district court did not abuse its discretion in sentencing Reese. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review); United States v. Perkins, 526 F.3d 1107, 1110-11 (8th Cir. 2008) (this court reviews entire sentencing record, not merely district court’s statements at sentencing hearing).

The judgment is affirmed. Counsel’s motion to withdraw is granted.

FOOTNOTES

1. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

PER CURIAM.

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