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United States v. Floyd Ezell, 14-3233 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 14-3233 Visitors: 40
Filed: Dec. 22, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3233 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Floyd Frank Ezell lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: December 15, 2014 Filed: December 22, 2014 [Unpublished] _ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. _ PER CURIAM. Floyd Ezell directly appeals the sentence that the district court1 im
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                  United States Court of Appeals
                              For the Eighth Circuit
                          ___________________________

                                  No. 14-3233
                          ___________________________

                               United States of America

                         lllllllllllllllllllll Plaintiff - Appellee

                                            v.

                                   Floyd Frank Ezell

                        lllllllllllllllllllll Defendant - Appellant
                                        ____________

                      Appeal from United States District Court
                   for the Southern District of Iowa - Des Moines
                                   ____________

                            Submitted: December 15, 2014
                              Filed: December 22, 2014
                                    [Unpublished]
                                    ____________

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
                          ____________

PER CURIAM.

       Floyd Ezell directly appeals the sentence that the district court1 imposed on him
after revoking his supervised release. For reversal, Ezell argues that the court abused

      1
       The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
its discretion in failing to credit against his 4-month revocation sentence the time that he
spent in state custody on a drug charge. This challenge is without merit. See United
States v. Wilson, 
503 U.S. 329
, 333-35 (1992) (18 U.S.C. § 3585(b) does not
authorize district court, at sentencing, to compute credit for time served). To the
extent Ezell’s argument encompasses a claim that the revocation sentence imposed
is unreasonable, we conclude after careful review that the below-Guidelines-range
sentence is not unreasonable. See United States v. Miller, 
557 F.3d 910
, 915-16 (8th
Cir. 2009) (appellate review of revocation sentence). Accordingly, we affirm the
judgment of the district court. We also grant counsel’s motion for leave to withdraw.
                        ______________________________




                                            -2-

Source:  CourtListener

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