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UNITED STATES v. GAINES (2021)

United States Court of Appeals, Eighth Circuit.2021-01-07No. No. 20-2725

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Opinion

[Unpublished]

Ronnie C. Gaines appeals after the district court

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revoked his supervised release, and imposed a prison term within the Chapter 7 advisory Guidelines range and statutory maximum. His counsel has moved for leave to withdraw, and has filed a brief suggesting that the revocation sentence is substantively unreasonable. We conclude that Gainess revocation sentence is not substantively unreasonable. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 3 years if underlying offense is Class B felony, and 2 years if underlying offense is class C felony); United States v. Perkins, 526 F.3d 1107, 1109-10 (8th Cir. 2008) (substantive reasonableness of revocation sentence is reviewed for abuse of discretion; revocation sentence within Guidelines range is accorded presumption of substantive reasonableness on appeal). We therefore affirm, and we grant counsels motion to withdraw. FOOTNOTES

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.   The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri.

PER CURIAM.