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United States v. Perez

United States Court of Appeals For the Eighth Circuit
Jul 9, 2018
No. 17-3795 (8th Cir. Jul. 9, 2018)

Opinion

No. 17-3795

07-09-2018

United States of America Plaintiff - Appellee v. Isaias Perez Defendant - Appellant


Appeal from United States District Court for the Northern District of Iowa - Sioux City [Unpublished] Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. PER CURIAM.

The district court imposed an above-Guidelines-range sentence upon Isaias Perez, who violated the conditions of his supervised release. Counsel seeks permission to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of Perez's sentence. We affirm.

The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. --------

After careful review, we conclude that the district court did not abuse its discretion in imposing a sentence above the Guidelines range. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (applying a deferential abuse-of-discretion standard to the evaluation of a revocation sentence). The record reflects that the 36-month prison sentence and 8-year term of supervised release were within the relevant statutory maximums, see 18 U.S.C. § 3583(e)(3) (providing for a maximum prison term of 5 years if the underlying offense is a Class A felony); cf. United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (explaining that the maximum period of supervised release for a violation of 21 U.S.C. § 841(b)(1)(C) is life), and the court carefully considered and discussed the relevant section 3553(a) factors, see United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).

Accordingly, we grant counsel leave to withdraw, and affirm the district court's judgment.


Summaries of

United States v. Perez

United States Court of Appeals For the Eighth Circuit
Jul 9, 2018
No. 17-3795 (8th Cir. Jul. 9, 2018)
Case details for

United States v. Perez

Case Details

Full title:United States of America Plaintiff - Appellee v. Isaias Perez Defendant …

Court:United States Court of Appeals For the Eighth Circuit

Date published: Jul 9, 2018

Citations

No. 17-3795 (8th Cir. Jul. 9, 2018)