Craig Thorstenson v. Gale Norton

04-4029Court of Appeals for the Eighth Circuit28 de fev. de 2006

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1
The Honorable James E. Gritzner, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-2238
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Southern District of Iowa.
*
Gene Alan Clark, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: February 15, 2006
Filed: February 15, 2006
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Before MELLOY, FAGG, and BENTON, Circuit Judges.
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PER CURIAM.
Gene Clark pleaded guilty to conspiracy to transport stolen goods, and was
sentenced to 30 months in prison and 3 years supervised release. At a revocation
hearing, Clark admitted violating the conditions of his supervised release. The district
court 1 revoked supervised release and imposed a new sentence of 12 months
imprisonment and 2 years supervised release, commenting on Clark’s numerous
violations, the need for incarceration as punishment and the lack of progress toward
satisfying his restitution obligation. Clark appeals this sentence.

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Both the prison term and the supervised release term were within authorized
limits, and the district court considered appropriate factors in imposing the revocation
sentence. See 18 U.S.C. § 3583(e)(3), (h). We conclude that Clark’s sentence is not
unreasonable. See United States v. Tyson, 413 F.3d 824, 825-26 (8th Cir. 2005)
(standard of review).
Accordingly, we affirm, and we also grant counsel’s motion to withdraw.
______________________________

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