United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4352
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Blaine Stacy Kills Back
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Rapid City
____________
Submitted: July 27, 2017
Filed: August 1, 2017
[Unpublished]
____________
Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Blaine Stacy Kills Back directly appeals the above-Guidelines-range sentence
the district court1 imposed upon revoking his supervised release. His counsel has
1
The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for
the District of South Dakota.
moved for leave to withdraw, and has filed a brief arguing that the sentence is
unreasonable.
After careful review of the record, we conclude that the district court did not
abuse its discretion in sentencing Kills Back. See United States v. Miller, 557 F.3d
910, 915-18 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d
921, 922-24 (8th Cir. 2006) (revocation sentence may be unreasonable if district court
fails to consider relevant § 3553(a) factor, gives significant weight to improper or
irrelevant factor, or commits clear error of judgment). Accordingly, we grant
counsel’s motion to withdraw, and affirm the judgment.
______________________________
-2-
United States v. Blaine Kills Back
Combined Opinion