United States v. Boelter, 113015 FED8, 15-1331

Docket Nº:15-1331
Opinion Judge:PER CURIAM.
Party Name:United States of America Plaintiff- Appellee v. Donta Boelter Defendant-Appellant
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
 
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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

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

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, Nebraska, and charged with trespassing, disturbing the peace, and possessing marijuana. A second petition to revoke supervised release was filed on December 10, 2014. The alleged violations in this petition included his December 7, 2014, arrest, a November 19, 2014, citation for possession of marijuana and child abuse/neglect, lying to his probation officer about where he was residing, and failing to notify his probation officer prior to...

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