United States v. Michael Curry

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 03-1801 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Michael Curry, * * [UNPUBLISHED] Appellant. * ___________ Submitted: December 26, 2003 Filed: January 9, 2004 ___________ Before RILEY, McMILLIAN, and SMITH, Circuit Judges. ___________ PER CURIAM. In this direct criminal appeal, Michael Curry (Curry) challenges as excessive the 9-month prison sentence the district court1 imposed following revocation of Curry’s supervised release. Having carefully reviewed the record, we conclude that Curry’s revocation sentence is well below the maximum imprisonment term authorized by statute, is within the range recommended by the Sentencing Guidelines 1 The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri. policy statements, and is not an abuse of discretion. See United States v. Grimes, 54 F.3d 489, 492 (8th Cir. 1995) (standard of review). Accordingly, we affirm. We also grant counsel’s motion to withdraw. ______________________________ -2-