United States v. Anthony Barber

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-3727 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Anthony Drake Barber, * * [UNPUBLISHED] Appellant. * ___________ Submitted: April 7, 1999 Filed: April 13, 1999 ___________ Before FAGG, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. While Anthony Drake Barber was serving a period of supervised release, he violated his release conditions and the district court1 revoked supervised release and sentenced him to serve 14 months in prison. On appeal, Mr. Barber argues that the district court erred by failing to consider the 5-to-11-month revocation imprisonment range suggested under the U.S. Sentencing Guidelines Manual § 7B1.4(a), p.s. (1998). We affirm. 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. After a thorough review of the record--which includes the probation officer’s letter notifying the district court of the revocation range recommended in Chapter 7-- we reject Mr. Barber’s argument and conclude that the district court did not abuse its discretion in sentencing him. See United States v. Grimes, 54 F.3d 489, 492 (8th Cir. 1995); United States v. Carr, 66 F.3d 981, 983 (8th Cir. 1995) (per curiam). Accordingly, we affirm. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-