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United States Eighth Circuit


US v. Miller, 07-3067

In a proceeding to revoke defendant's supervised release, district court's revocation order and sentence is affirmed where: 1) the court did not err in rejecting defendant's collateral attack on the conditions of his supervised release provision; 2) there was sufficient evidence to establish defendant violated the special conditions of his release; 3) the new sentence was within statutory limits, under its discretionary authority, and not substantively unreasonable; and 4) district court did not abuse its discretion by requiring as a condition of release that defendant comply with tax laws and pay outstanding taxes.

Appellate Information

  • Decided 03/09/2009
  • Published 03/09/2009

Judges

  • BOWMAN, Circuit Judge., Before SMITH, BOWMAN, and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD, for appellant.

  • For Appellees:
  • Mark E. Salter, argued, Sioux Falls, SD, for appellee.
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