United States of America v. Tyson Burris

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-2205
___________________________
United States of America
lllllllllllllllll Plaintiff - Appellee
v.
Tyson Burris
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Rapid City
____________
Submitted: August 30, 2012
Filed: September 10, 2012
[Unpublished]
____________
Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
After Tyson Burris admitted violations of his release conditions, the district
court revoked his supervised release and imposed a sentence of 12 months in prison1
The Honorable Jeffrey L. Viken, United States District Judge for the District1
of South Dakota.

-- 1 of 2 --

and 1 year of supervised release. Burris appeals, arguing that the court did not
adequately consider his circumstances and that the sentence is unreasonable. We
disagree. The record shows that the district court properly considered the relevant
sentencing factors before imposing a revocation sentence that was authorized by
statute and within the applicable Guidelines range. See 18 U.S.C. § 3583(b), (e)(3),
(h); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009) (applying
presumption of substantive reasonableness to revocation sentence within Guidelines
range); United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004) (court need
not list every 18 U.S.C. § 3553(a) factor when sentencing defendant upon revocation
of supervised release).
Accordingly, we affirm the judgment of the district court. We also grant
counsel’s motion to withdraw, subject to counsel informing Burris about procedures
for seeking rehearing or filing a petition for certiorari.
______________________________
-2-

-- 2 of 2 --