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US v. Benton, No. 10-1718

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By FindLaw Staff on December 13, 2010 1:58 PM

Revocation of Supervised Release Affirmed

In US v. Benton, No. 10-1718, following defendant's conviction for firearm possession, the court affirmed the revocation of defendant's supervised release where 1) the court did not clearly err in finding that the throwing stars found on defendant were dangerous weapons under Iowa's concealed weapon statute; and 2) although the district court could have made specific reference to other factors relevant under 18 U.S.C. section 3553(a), the court was aware of the statute and adequately considered it in determining the appropriate sentence.

 

As the court wrote:  "Rickey Benton's supervised release was revoked by the district court1 which sentenced him to 27 months imprisonment for violating Iowa's concealed weapon law and 9 months consecutive for several other offenses, to be followed by 12 months of supervised release. Benton appeals, arguing that the evidence was insufficient to find that he had violated the concealed weapon law and that the district court imposed an unreasonable sentence. We affirm."

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