Carl E. Brant v. Principal Life and

1The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2813
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Robert Dale Crain, *
* [UNPUBLISHED]
Appellant. *
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Submitted: March 29, 2001
Filed: April 6, 2001
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Before BOWMAN, BEAM, and BYE, Circuit Judges.
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PER CURIAM.
Robert Dale Crain pleaded guilty to credit card fraud, in violation of 18 U.S.C.
§ 1029(a)(2), and was sentenced to 16 months imprisonment and 3 years supervised
release. While serving the supervised release portion of his sentence, Crain violated
his release conditions. After a hearing, the district court1 revoked his supervision, and
sentenced him to 9 months imprisonment and 27 months additional supervised release.
Crain now appeals, challenging his sentence. We affirm.

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2We also grant counsel’s motion to withdraw representation of Crain.
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When a district court finds by a preponderance of the evidence that a defendant
has violated a supervised release condition, the court may revoke supervised release
and impose imprisonment without credit for time previously served on postrelease
supervision. See 18 U.S.C. § 3583(e)(3). We review for abuse of discretion. See
United States v. Grimes, 54 F.3d 489, 492 (8th Cir. 1995).
Having reviewed the record and Crain’s brief, we conclude his revocation
sentence neither exceeds the limits of section 3583(e), nor constitutes an abuse of
discretion by the district court. See 18 U.S.C. §§ 1029(c)(1)(A)(i), 3559(a)(3),
3583(e)(3), 3583(h); United States v. St. John, 92 F.3d 761, 766 (8th Cir. 1996).
Accordingly, we affirm.2
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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