UNITED STATES v. STONE (2020)

[Unpublished]

Maurice Stone appeals the sentence the district court ¹ imposed upon revoking his supervised release. His counsel has moved for leave to withdraw, and has filed a brief arguing that the sentence is substantively unreasonable.

After careful review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (reviewing a revocation sentence for abuse of discretion, first ensuring the court committed no significant procedural error and then considering the substantive reasonableness of the sentence). The court stated that it had considered the factors in 18 U.S.C. § 3553, provided appropriate reasons for its decision, and imposed a sentence below the statutory maximum. See 18 U.S.C. § 3583(e)(3) (maximum prison term upon revocation is 2 years for a Class C felony); United States v. Larison, 432 F.3d 921, 922-24 (8th Cir. 2006) (stating that a revocation sentence may be unreasonable if the district court fails to consider a relevant § 3553(a) factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment). Accordingly, we grant counsel’s motion to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Charles J. Williams, United States District Judge for the Northern District of Iowa.

PER CURIAM.