James Newport v. U.S. Dept. of Labor

1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2991
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Northern
* District of Iowa.
Orlando Straw, *
* [UNPUBLISHED]
Appellant. *
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Submitted: December 22, 2010
Filed: December 23, 2010
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Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Orlando Straw challenges the sentence the district
court 1 imposed after revoking his supervised release. In particular, he challenges (1)
the length of his prison term, and (2) a no-contact order imposed as a special condition
of his supervised release. Upon careful review, we conclude that the district court did
not impose an unreasonable term of imprisonment. See 18 U.S.C. § 3583(e)(3);
United States v. Thunder, 553 F.3d 605, 609 (8th Cir. 2009) (revocation sentence

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above Guidelines range was not substantively unreasonable where defendant
repeatedly violated supervised release); United States v. Tyson, 413 F.3d 824, 825
(8th Cir. 2005) (standard of review). We further conclude that the court did not abuse
its discretion in imposing the no-contact order. See 18 U.S.C. § 3583(d)(1)-(3)
(factors for court to consider in ordering special condition of supervised release);
United States v. Simons, 614 F.3d 475, 478 (8th Cir. 2010) (standard of review).
Accordingly, we affirm the judgment of the district court. We also grant
counsel’s motion to withdraw.
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