UNITED STATES v. NELSON (2019)

[Unpublished]

Keith Nelson appeals after the district court ¹ revoked his supervised release and sentenced him to 24 months in prison, followed by 24 months of supervised release. His counsel has moved to withdraw, and has filed a brief challenging the substantive reasonableness of the sentence.

We conclude the revocation sentence is not substantively unreasonable, as the sentence was within the advisory United States Sentencing Guidelines range and the statutory requirements, see 18 U.S.C. § 3583(e)(3), (h); the district court stated it had considered the 18 U.S.C. § 3553(a) factors, and explained its reasons for the decision; and there is no indication the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. McGhee, 869 F.3d 703, 705-06 (8th Cir. 2017) (per curiam) (revocation sentences are reviewed for abuse of discretion); United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (discussing substantive reasonableness; permitting, on appeal, presumption of reasonableness for Guidelines-range sentence). Accordingly, we grant counsel’s motion to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

PER CURIAM.