United States v. Scott Donald Wiele

1The Honorable Karen E. Schreier, Chief Judge, United States District Court
for the District of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-1282
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Gail Burshiem, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: September 7, 2007
Filed: October 4, 2007
___________
Before BYE, RILEY, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Gail Burshiem (Burshiem) pled guilty to obtaining controlled substances by
fraud, in violation of 21 U.S.C. §§ 843(a)(3) and 846, and was sentenced to four
years’ probation. Finding Burshiem violated the conditions of her probation, the
district court 1 later revoked Burshiem’s probation and sentenced her to 9 months’
imprisonment and 12 months’ supervised release. On appeal, Burshiem’s counsel
moved to withdraw and filed a brief arguing the sentence imposed is unreasonable.
After reviewing the record and counsel’s brief, we conclude the court considered

-- 1 of 2 --

-2-
relevant 18 U.S.C. § 3553(a) factors and did not impose an unreasonable sentence.
See United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard
of review). We therefore affirm, and we grant counsel’s motion to withdraw.
______________________________

-- 2 of 2 --