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Criminal Law: Supervised Release-Denial of Motion to Withdraw Admissions-Substantive Reasonableness of Sentence
Staff Report//July 5, 2023//
Criminal Law: Supervised Release-Denial of Motion to Withdraw Admissions-Substantive Reasonableness of Sentence
Staff Report//July 5, 2023//
Defendant appealed the sentence imposed following the revocation of his supervised release. The district court imposed a sentence after varying upward from the Guidelines range, following the denial of defendant’s motion to withdraw his admissions to violating the conditions of his supervised release.
Where the district court expressly considered the statutory sentencing factors, there was no abuse of sentencing discretion to vary upward where the district court focused on defendant’s history of supervised release violations.
Judgment is affirmed.
U.S. v. Left Hand (MLW No. 80134/Case No. 22-3633 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Kornmann, J.
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