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United States v. Misquadace

United States Court of Appeals, Eighth Circuit

February 19, 2015

United States of America, Plaintiff - Appellee
v.
Jon R. Misquadace, also known as Jon R. Misquadace-Spry, also known as Jon R. Spry, Defendant - Appellant

Submitted February 9, 2015.

Appeal from United States District Court for the District of South Dakota - Sioux Falls.

For United States of America, Plaintiff - Appellee: Jan Leslie Holmgren, Thomas J. Wright, Assistant U.S. Attorneys, U.S. Attorney's Office, Sioux Falls, SD.

For Jon R. Misquadace, also known as: Jon R. Misquadace-Spry, also known as: Jon R. Spry, Defendant - Appellant: Timothy J. Langley, Assistant Federal Public Defender, Federal Public Defender's Office, Sioux Falls, SD.

Jon R. Misquadace, also known as: Jon R. Misquadace-Spry, also known as: Jon R. Spry, Defendant - Appellant, Pro se, Adelanto, CA.

Before GRUENDER, SHEPHERD, and KELLY, Circuit Judges.

OPINION

Page 718

PER CURIAM.

Jon Misquadace pleaded guilty of failure to pay legal child support in violation of 18 U.S.C. § 228(a)(3). He was sentenced to five years' probation and $54,613.12 in restitution. After a second petition for revocation of probation was filed, the district court[1] revoked Misquadace's probation and sentenced him to 24 months' imprisonment and 1 year of supervised release. Misquadace appeals his revocation sentence. Having jurisdiction to consider this appeal under 28 U.S.C. § 1291, we affirm.

I. Background

On June 18, 2013, a petition to revoke Misquadace's probation was filed. On January 23, 2014, Misquadace admitted he had failed to assign his tribal gaming per capita payment to the South Dakota Department of Social Services in violation of his probation conditions. Misquadace remained on probation and was ordered to pay $200 per month toward his outstanding child-support balance. The condition that he assign his per capita payment to the Department of Social Services was eliminated.

On April 28, 2014, a second petition to revoke Misquadace's probation was filed because Misquadace allegedly failed to report a change of residence. At his revocation hearing, Misquadace admitted the violation, and his probation was revoked. He explained that he had been homeless for a period of time because of his alcohol addiction but that he had independently pulled himself together again, joined a new church, obtained housing, and was attempting to get his life back in order for the benefit of his children. Misquadace's violation was a Grade C offense, and his advisory Guidelines sentencing range was 8 to 14 months' imprisonment. The district court sentenced Misquadace to the statutory maximum of 24 months' imprisonment and 1 year of supervised release, and reduced the amount of restitution owed to $53,716. Misquadace timely filed his notice of appeal.

II. Discussion

Misquadace argues on appeal that his revocation sentence is substantively unreasonable. Misquadace contends the district court failed to consider his mitigating evidence and gave too much weight ...


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