Filed: Aug. 24, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-1941 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Andrew Spotted Elk lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of South Dakota - Pierre _ Submitted: August 19, 2015 Filed: August 24, 2015 [Unpublished] _ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. _ PER CURIAM. Andrew Spotted Elk directly appeals the sentence that the district court1 impo
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-1941 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Andrew Spotted Elk lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of South Dakota - Pierre _ Submitted: August 19, 2015 Filed: August 24, 2015 [Unpublished] _ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. _ PER CURIAM. Andrew Spotted Elk directly appeals the sentence that the district court1 impos..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1941
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Andrew Spotted Elk
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Pierre
____________
Submitted: August 19, 2015
Filed: August 24, 2015
[Unpublished]
____________
Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
____________
PER CURIAM.
Andrew Spotted Elk directly appeals the sentence that the district court1
imposed upon revoking his supervised release, arguing that his six-month prison
1
The Honorable Roberto A. Lange, United States District Judge for the District
of South Dakota.
sentence is substantively unreasonable. Upon careful review, see United States v.
Miller,
557 F.3d 910, 915-16 (8th Cir. 2009) (appellate review of revocation
sentence), we conclude that the within-Guidelines-range sentence is not substantively
unreasonable, see United States v. Petreikis,
551 F.3d 822, 824 (8th Cir. 2009). We
grant counsel’s motion to withdraw. The judgment is affirmed.
______________________________
-2-