UNITED STATES v. HEGGIE (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. HEGGIE, Defendant-Appellant.

No. 19-2795

Decided: December 13, 2019

Before BENTON, KELLY, and GRASZ, Circuit Judges.

Anita L. Burns, Asst. Fed. Public Defender, Kansas City, MO (Laine Cardarella, Fed. Public Defender, on the brief), for appellant. Gregg R. Coonrod, Asst. U.S. Atty., Kansas City, MO, for appellee.

[Unpublished]

Michael Heggie appeals after the district court ¹ revoked his supervised release, and sentenced him to a 12-month prison term. His counsel has moved for leave to 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.

FOOTNOTES

1. The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

PER CURIAM.

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