United States v. Elmer Wells, Jr.
United States v. Elmer Wells, Jr.
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-3469 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Elmer Lee Wells, Jr. lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: May 5, 2021 Filed: May 10, 2021 [Unpublished] ____________ Before COLLOTON, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM.
Elmer Wells, Jr., appeals a within-Guidelines-range sentence of 21 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 Wells’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); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (stating that a within-Guidelines-range sentence is presumptively reasonable). 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. ______________________________
The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. -2-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.