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191885P.pdf   09/13/2021  United States  v.  Colin Michael
   U.S. Court of Appeals Case No:  19-1885
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Criminal case - Sentencing. For the court's prior opinion concluding the 
   district court procedurally erred in sentencing defendant upon the 
   revocation of his probation, see U.S. v. Michael, 909 F.3d 990 (8th Cir. 
   2018). On remand, the district court imposed the same 96-month sentence, 
   and defendant appeals, contending the sentence is substantively 
   unreasonable. This court has held that on the revocation of probation, a 
   sentence that falls within the original Sentencing Guidelines range for 
   the underlying crime is presumptively reasonable; here, the court 
   sentenced defendant below the original Guidelines range, and the sentence 
   is not substantively unreasonable. Judge Kelly, dissenting.