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United States v. Brian Rohrick, 03-2305 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 03-2305 Visitors: 29
Filed: Mar. 16, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-2305 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Brian Michael Rohrick, * * [UNPUBLISHED] Appellant. * _ Submitted: February 5, 2004 Filed: March 16, 2004 _ Before BYE, McMILLIAN, and RILEY, Circuit Judges. _ PER CURIAM. Brian Rohrick appeals the district court’s1 imposition of a 14-month prison term upon revocation of his supervised release for
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-2305
                                   ___________

United States of America,               *
                                        *
            Appellee,                   *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Northern District of Iowa.
Brian Michael Rohrick,                  *
                                        *     [UNPUBLISHED]
            Appellant.                  *
                                   ___________

                            Submitted: February 5, 2004
                                Filed: March 16, 2004
                                   ___________

Before BYE, McMILLIAN, and RILEY, Circuit Judges.
                            ___________

PER CURIAM.

       Brian Rohrick appeals the district court’s1 imposition of a 14-month prison
term upon revocation of his supervised release for a felon-in-possession conviction.
On appeal, he argues that the district court abused its discretion in imposing
additional imprisonment and instead should have imposed inpatient drug treatment
or at least a sentence within the Guidelines suggested range.




      1
       The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
       After a careful review of the record, we find that the sentence was well below
the maximum sentence allowed under 18 U.S.C. § 3583(e)(3) and was not an abuse
of discretion. See United States v. Jasper, 
338 F.3d 865
, 867 (8th Cir. 2003); United
States v. Rodriguez-Favela, 
337 F.3d 1020
, 1021 (8th Cir. 2003). Accordingly, we
affirm, and we grant counsel’s motion to withdraw.
                        ______________________________




                                         -2-

Source:  CourtListener

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