806 F.3d 1134 (8th Cir. 2015), 15-1331, United States v. Boelter

Docket Nº:15-1331
Citation:806 F.3d 1134
Opinion Judge:PER CURIAM.
Party Name:United States of America, Plaintiff - Appellee v. Donta Boelter, Defendant - Appellant
Attorney:For United States of America, Plaintiff - Appellee: Bruce Gillan, Assistant U.S. Attorney, U.S. Attorney's Office, Lincoln, NE. Donta Boelter, Defendant - Appellant, Pro se, Lexington, NE. For Donta Boelter, Defendant - Appellant: John Vanderslice, Assistant Federal Public Defender, Federal Publi...
Judge Panel:Before RILEY, Chief Judge, BEAM and KELLY, Circuit Judges.
Case Date:November 30, 2015
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
SUMMARY

Defendant pled guilty to retaliating against a witness and subsequently appealed his sentence following the revocation of his supervised release. The court concluded that, although defendant's 24-month sentence was greater than the advisory Guidelines range and the sentence he proposed, the sentence was not substantively unreasonable. In this case, the district court gave appropriate... (see full summary)

 
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Page 1134

806 F.3d 1134 (8th Cir. 2015)

United States of America, Plaintiff - Appellee

v.

Donta Boelter, Defendant - Appellant

No. 15-1331

United States Court of Appeals, Eighth Circuit

November 30, 2015

Submitted November 16, 2015

Appeal from United States District Court for the District of Nebraska - Lincoln.

For United States of America, Plaintiff - Appellee: Bruce Gillan, Assistant U.S. Attorney, U.S. Attorney's Office, Lincoln, NE.

Donta Boelter, Defendant - Appellant, Pro se, Lexington, NE.

For Donta Boelter, Defendant - Appellant: John Vanderslice, Assistant Federal Public Defender, Federal Public Defender's Office, Lincoln, NE.

Before RILEY, Chief Judge, BEAM and KELLY, Circuit Judges.

OPINION

Page 1135

PER CURIAM.

Donta Boelter appeals the 24-month sentence he received following the revocation of his supervised release. Boelter contends the sentence is substantively unreasonable because it is greater than necessary to achieve the purposes of 18 U.S.C. § 3553(a). Because we conclude Boelter's sentence was substantively reasonable, we affirm.1

On January 29, 2010, Boelter pled guilty to one count of retaliating against a witness, in violation of 18 U.S.C. § 1513(b)(1). Boelter's calculated Sentencing Guidelines range was 30-37 months. At his sentencing hearing on September 7, 2011, the district court2 varied downward and sentenced Boelter to a term of time served,3 followed by a 3-year term of supervised release. Boelter began his supervised release on September 7, 2011. His term of supervised release was set to expire on September 6, 2014.

On May 14, 2014, a petition to revoke Boelter's supervised release was filed. The petition alleged Boelter had not worked since September 2013, had tested presumptively positive for the use of marijuana on eight occasions between August 29, 2013, and March 26, 2014, was found at a residence where another individual was cited for possession of marijuana and drug paraphernalia, and had failed to complete his 100 hours of community service. During a December 2, 2014, revocation of supervised release hearing, Boelter admitted to using marijuana on eight occasions between August 29, 2013, and March 26, 2014. The court granted Boelter's oral motion to continue the disposition hearing until March 3, 2015.4

On December 7, 2014, Boelter was arrested in Kearney...

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