UNITED STATES v. KONVALINKA (2019)

[Unpublished]

Jason Lee Konvalinka directly appeals the Guidelines-range sentence the district court ¹ imposed upon revoking his supervised release. Counsel seeks permission to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging the sentence as substantively unreasonable.

After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Konvalinka. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review). The record reflects that the district court properly considered the 18 U.S.C. § 3553(a) factors; there is no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006); and the sentence is within the Guidelines range, and below the statutory limit, see 18 U.S.C. §§ 3583(b)(2), (e)(3), (h).

Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment.

FOOTNOTES

1.   The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa.

PER CURIAM.