United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 09-1751
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Western District of Missouri.
Lester D. Erby,                          *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: July 30, 2009
                                 Filed: August 3, 2009
                                  ___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
                          ___________

PER CURIAM.

       Lester D. Erby appeals the district court’s1 decision to revoke his supervised
release and the court’s imposition of a 10-month prison term as his revocation
sentence.

       Upon review, we conclude that the district court properly revoked Erby’s
supervised release, see 18 U.S.C. § 3583(g)(4) (If defendant “as part of drug testing,
tests positive for illegal controlled substances more than 3 times over the course of 1

      1
        The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
year[,] the court shall revoke the term of supervised release and require the defendant
to serve a term of imprisonment not to exceed the maximum term of imprisonment
authorized under subsection (e)(3).”), and that the revocation sentence--which was
imposed following the court’s consideration of the applicable advisory Guidelines
range and appropriate sentencing factors under 18 U.S.C. § 3553(a)--is not
unreasonable, see U.S.S.G. § 7B1.4 (policy statement) (advisory Guidelines range for
Grade C violation and Category IV criminal history is 6-12 months in prison); 18
U.S.C. § 3583(e) (specifying sentencing factors courts must consider in revocation
decision); United States v. Nelson, 

, 1006 (8th Cir. 2006) (appellate
court reviews revocation sentence to determine whether it is unreasonable in relation
to, inter alia, advisory Guidelines range and § 3553(a) factors); see also 18 U.S.C.
§ 3583(e)(3) (for Class C felony, maximum term of imprisonment upon revocation of
supervised release is 2 years).

       Accordingly, we affirm. We also grant counsel’s motion to withdraw, subject
to counsel informing appellant about procedures for seeking rehearing and filing a
petition for certiorari.
                         ______________________________




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