United States v. Theola Blackmon

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 09-3048
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Western
* District of Missouri.
Roger M. Collins, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 7, 2010
Filed: April 12, 2010
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Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
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PER CURIAM.
Roger Collins appeals the sentence imposed by the district court1 upon revoking
his supervised release, arguing that (1) the court erred in finding that he possessed
methamphetamine with intent to distribute, a Grade A violation of his supervised
release; and (2) the revocation sentence is unreasonable. Upon careful review, we
conclude that testimony presented at the revocation hearing supports the district
court’s finding that Collins intended to distribute the methamphetamine at issue, see
United States v. Ralph, 480 F.3d 888, 890 (8th Cir. 2007) (district court’s fact findings
1The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.

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as to whether violation occurred are reviewed for clear error); and as to the revocation
sentence, the district court considered proper sentencing factors and we conclude that
the revocation sentence is not unreasonable, see United States v. Tyson, 413 F.3d 824,
825 (8th Cir. 2005) (per curiam) (standard of review).
Accordingly, we affirm.
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