Filed: Feb. 28, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3552 _ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Michael Deshone Holmes, lllllllllllllllllllll Defendant - Appellant. _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: February 23, 2018 Filed: February 28, 2018 [Unpublished] _ Before COLLOTON, BOWMAN, and BENTON, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, Michael Holmes challenges the
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3552 _ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Michael Deshone Holmes, lllllllllllllllllllll Defendant - Appellant. _ Appeal from United States District Court for the Northern District of Iowa - Waterloo _ Submitted: February 23, 2018 Filed: February 28, 2018 [Unpublished] _ Before COLLOTON, BOWMAN, and BENTON, Circuit Judges. _ PER CURIAM. In this direct criminal appeal, Michael Holmes challenges the ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-3552
___________________________
United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Michael Deshone Holmes,
lllllllllllllllllllll Defendant - Appellant.
____________
Appeal from United States District Court
for the Northern District of Iowa - Waterloo
____________
Submitted: February 23, 2018
Filed: February 28, 2018
[Unpublished]
____________
Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.
____________
PER CURIAM.
In this direct criminal appeal, Michael Holmes challenges the order of the
district court1 revoking his supervised release and imposing a 6-month sentence,
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
followed by 6 months of supervised release. His counsel has moved to withdraw, and
has submitted a brief arguing that the district court abused its discretion by revoking
Holmes’s supervised release, and that the sentence is substantively unreasonable.
Upon careful review of the record, we conclude that the district court did not
abuse its discretion by revoking Holmes’s supervised release. See United States v.
Miller,
557 F.3d 910, 914 (8th Cir. 2009) (standard of review). We further conclude
that Holmes’s sentence was not unreasonable, as the district court properly considered
the 18 U.S.C. § 3553(a) factors; there was no indication the court overlooked a
relevant factor, or committed a clear error of judgment in weighing the relevant
factors, see United States v. Johnson,
827 F.3d 740, 744 (8th Cir. 2016) (standard of
review); and the sentence was within the Guidelines range, see United States v.
Perkins,
526 F.3d 1107, 1110 (8th Cir. 2008). Accordingly, we grant counsel leave
to withdraw, and affirm.
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