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United States v. Jose Victor, 17-2322 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-2322 Visitors: 12
Filed: Feb. 12, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2322 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jose Eduardo Victor, also known as Junior, also known as Jose Eduardo Muratalla lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids _ Submitted: February 9, 2018 Filed: February 12, 2018 [Unpublished] _ Before GRUENDER, MURPHY and SHEPHERD, Circuit Judges. _ PER CURIAM. Jo
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              United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 17-2322
                     ___________________________

                          United States of America

                     lllllllllllllllllllll Plaintiff - Appellee

                                        v.

          Jose Eduardo Victor, also known as Junior, also known as
                          Jose Eduardo Muratalla

                   lllllllllllllllllllll Defendant - Appellant
                                   ____________

                  Appeal from United States District Court
              for the Northern District of Iowa - Cedar Rapids
                               ____________

                        Submitted: February 9, 2018
                         Filed: February 12, 2018
                              [Unpublished]
                              ____________

Before GRUENDER, MURPHY and SHEPHERD, Circuit Judges.
                         ____________

PER CURIAM.
       Jose Eduardo Victor appeals after the district court1 revoked his supervised
release, and sentenced him to 18 months in prison and 3 years of supervised release.
His counsel has filed a brief challenging the substantive reasonableness of the
revocation sentence.

      Upon careful review, we conclude that the sentence was not substantively
unreasonable. See United States v. Merrival, 
521 F.3d 889
, 890 (8th Cir. 2008)
(abuse-of-discretion review); see also United States v. Growden, 
663 F.3d 982
, 984
(8th Cir. 2011) (per curiam) (district court acted well within its broad discretion in
imposing above-Guidelines revocation sentence where it considered appropriate 18
U.S.C. § 3553(a) factors, sufficiently explained reasoning for variance, and imposed
sentence within statutory limits).

      Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
                    ______________________________




      1
        The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.

                                         -2-

Source:  CourtListener

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