United States of America v. Dale Alan Grau

United States Court of Appeals
For the Eighth Circuit
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No. 12-3560
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Dale Alan Grau
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: February 5, 2013
Filed: February 28, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
The district court found that Dale Grau had violated his supervised release1
following his release from imprisonment on a federal identity-theft conviction. The
The Honorable Robert W. Pratt, United States District Judge for the Southern1
District of Iowa.

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court thus revoked supervised release and imposed a revocation sentence consisting
of imprisonment and additional supervised release. Grau appeals, arguing that the
district court erred in finding that he violated his supervised release and that it
imposed an unreasonable revocation sentence.
Upon careful review of the evidence presented by the government at the
revocation hearing, we conclude that the district court did not clearly err in finding
that the government met its burden of proving that Grau had violated his supervised
release, see United States v. Sistrunk, 612 F.3d 988, 991 (8th Cir. 2010) (standard of
review). We also conclude that the revocation sentence was not substantively
unreasonable, see United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (per
curiam) (standard of review).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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