United States v. Otho Leonard Rater

1 The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3028
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Michael Hubbard, *
* [UNPUBLISHED]
Appellant. *
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Submitted: March 5, 2004
Filed: April 6, 2004
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Before BYE, MCMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.
Michael Hubbard appeals the sentence the district court1 imposed upon
revoking his supervised release. After carefully reviewing the record, we conclude
the district court considered the relevant sentencing factors, see 18 U.S.C.
§ 3583(e)(3) (2000) (referencing 18 U.S.C. § 3553(a) factors to consider in revoking
supervised release), and did not abuse its discretion by imposing a sentence above the
suggested Guidelines range, see United States v. Shepard, 329 F.3d 619, 621 (8th Cir.

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-2-
2003); United States v. Shaw, 180 F.3d 920, 923 (8th Cir. 1999) (per curiam).
Accordingly, we affirm, and we grant counsel’s motion to withdraw.
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