Sandra Chronister v. Unum Life Ins. Co. of America

1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1867
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Anthony Gray, *
* [UNPUBLISHED]
Appellant. *
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Submitted: March 12, 2009
Filed: April 13, 2009
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Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
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PER CURIAM.
Anthony Gray appeals the prison sentence that the district court 1 imposed after
revoking his supervised release, arguing that the sentence is unreasonable. We affirm.
Upon careful review, we conclude that the sentence is not unreasonable. See
United States v. Tyson, 413 F.3d 824, 825 (8th Cir. 2005) (per curiam) (standard of
review). The sentence is within the applicable statutory maximum, see 18 U.S.C.
§ 3583(e)(3), and it resulted from the district court’s careful consideration of

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appropriate sentencing factors, including the advisory Guidelines revocation range,
the need adequately to punish Gray for his repeated noncompliant behavior while on
supervised release, the court’s concern that he would commit new felonious conduct,
and the court’s belief that he could obtain needed treatment and supervision only in
prison. The court also observed that Gray previously had been shown sentencing
leniency. See U.S.S.G. § 7B1.4, comment. (n.4); 18 U.S.C. § 3553(a)(1), (2)(B)-(D);
United States v. Nelson, 453 F.3d 1004, 1005-06 (8th Cir. 2006) (24-month
revocation prison sentence not unreasonable despite advisory range of 4-10 months
where defendant committed multiple supervised-release violations, court found
sentence was necessary for deterrence and incapacitation, defendant’s lengthy history
of drug abuse made success in inpatient treatment unlikely, and defendant had
benefitted from initial relatively lenient sentence).
The judgment is affirmed.
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