UNITED STATES v. ROBERTS (2021)

[Unpublished]

Brunson Roberts appeals after the district court ¹ revoked his supervised release and imposed a 30-month prison sentence. His counsel has moved to withdraw, and has filed a brief arguing that the court abused its discretion in sentencing Roberts.

At the revocation hearing, the district court found that Roberts had committed a Grade A violation, and the court imposed a sentence below the applicable advisory Guidelines range. After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Roberts. See United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009) (abuse-of-discretion review); United States v. Perkins, 526 F.3d 1107, 1110-11 (8th Cir. 2008) (stating that in determining whether the district court has considered relevant sentencing factors, this court reviews the entire sentencing record); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009) (noting that when the court imposed a below-Guidelines-range sentence, it was “nearly inconceivable” that the court abused its discretion in not varying downward still further). Accordingly, we affirm, and we grant counsel's motion to withdraw.

FOOTNOTES

1.   The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas.

PER CURIAM.