United States v. Cortez Kellum

U.S. Court of Appeals for the Eighth Circuit

United States v. Cortez Kellum

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1200 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Cortez Lamar Kellum

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________

Submitted: June 9, 2020 Filed: June 12, 2020 [Unpublished] ____________

Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM.

Cortez Kellum appeals a below-Guidelines-range sentence of 6 months in prison for violating the conditions of supervised release. He challenges the substantive reasonableness of the sentence, and his attorney seeks permission to withdraw. We conclude that Kellum’s sentence is substantively reasonable. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (reviewing the reasonableness of a revocation sentence for an abuse of discretion). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Larison, 432 F.3d 921, 923–24 (8th Cir. 2006). Accordingly, we affirm the judgment and grant counsel permission to withdraw. ______________________________

1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. -2-

Reference

Status
Unpublished