United States v. Jerome Davis Kent

U.S. Court of Appeals for the Eighth Circuit

United States v. Jerome Davis Kent

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1885 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jerome Davis Kent

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota - Southern ____________

Submitted: September 14, 2021 Filed: September 17, 2021 [Unpublished] ____________

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

PER CURIAM.

Jerome Davis Kent appeals a 16-month sentence he received for violating the conditions of supervised release. Although the sentence was reduced to 7 months after the district court 1 credited him with time served, he still says it is too long.

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. We conclude that the 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 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. ______________________________

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Reference

Status
Unpublished