Opinion
No. 17-2384
10-25-2017
United States of America Plaintiff - Appellee v. Yliyah Rephayah Ben Yisrayl, also known as Carl Watkins Defendant - Appellant
Appeal from United States District Court for the Eastern District of Missouri - St. Louis [Unpublished] Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges. PER CURIAM.
Yliyah Rephayah Ben Yisrayl appeals the district court's order revoking his supervised release and imposing a 10-month sentence. His counsel has moved for leave to withdraw. Ben Yisrayl has filed 3 pro se briefs challenging his criminal history category, and the administration of his initial sentence; and a motion seeking appointment of new counsel.
The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. --------
After careful review of the record, we conclude that the revocation Guidelines range was properly calculated using the criminal history category applicable at the time of initial sentencing, see U.S.S.G. § 7B1.4(a); United States v. Hendershot, 469 F.3d 703, 705 (8th Cir. 2006); that the administration of Ben Yisrayl's original sentence is not properly on appeal, see United States v. Tindall, 455 F.3d 885, 888 (8th Cir. 2006); and that the district court did not abuse its discretion in sentencing Ben Yisrayl, see United States v. Johnson, 827 F.3d 740, 744 (8th Cir. 2016); see also Rita v. United States, 127 S. Ct. 2456, 2468 (2007) (standard of review); United States v. Gray, 533 F.3d 942, 943-44 (8th Cir. 2008); United States v. Todd, 521 F.3d 891, 897 (8th Cir. 2008).
Accordingly, we grant counsel's motion to withdraw, deny the motion for new counsel, and affirm.