UNITED STATES v. GAINES (2021)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ronnie C. GAINES, also known as Mississippi, Defendant-Appellant.

No. 20-2725

Decided: January 07, 2021

Before SHEPHERD, KELLY, and STRAS, Circuit Judges.

Anita L. Burns, Asst. Fed. Public Defender, Kansas City, MO (Laine Cardarella, Fed. Public Defender, on the brief), for defendant-appellant. Casey M. Clark, Asst. U.S. Atty., Springfield, MO, for plaintiff-appellee.

[Unpublished]

Ronnie C. Gaines appeals after the district court ¹ revoked his supervised release, and imposed a prison term within the Chapter 7 advisory Guidelines range and statutory maximum. His counsel has moved for leave to withdraw, and has filed a brief suggesting that the revocation sentence is substantively unreasonable. We conclude that Gaines's revocation sentence is not substantively unreasonable. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 3 years if underlying offense is Class B felony, and 2 years if underlying offense is class C felony); United States v. Perkins, 526 F.3d 1107, 1109-10 (8th Cir. 2008) (substantive reasonableness of revocation sentence is reviewed for abuse of discretion; revocation sentence within Guidelines range is accorded presumption of substantive reasonableness on appeal). We therefore affirm, and we grant counsel's motion to withdraw.

FOOTNOTES

1. The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law