UNITED STATES v. GUZMAN (2021)

[Unpublished]

Lance Joseph Guzman appeals the Guidelines-range sentence the district court ¹ imposed upon revoking his supervised release. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Guzman's counsel has moved for leave to withdraw and challenges the revocation sentence as substantively unreasonable. Upon careful review of the record and the parties’ response to a show-cause order, this court concludes that the district court did not impose an unreasonable sentence. See United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (in reviewing revocation sentences, appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard). The record reflects that the district court 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). The sentence is within the Guidelines range, and below the statutory limit. See 18 U.S.C. § 3583(e)(3), (h).

The judgment is affirmed. The motion to dismiss the appeal is denied, and the motion to withdraw is granted.

FOOTNOTES

1.   The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

PER CURIAM.