United States v. Andre Jones, Jr.

U.S. Court of Appeals for the Eighth Circuit

United States v. Andre Jones, Jr.

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2860 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Andre Darrell Jones, Jr.

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: December 6, 2021 Filed: December 9, 2021 [Unpublished] ____________

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

PER CURIAM.

Andre Darrell Jones, Jr., appeals the sentence the district court1 imposed after revoking his supervised release. His counsel has moved to withdraw and has filed a

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. brief challenging the substantive reasonableness of the sentence. Jones has filed a motion for the appointment of new appellate counsel.

After reviewing the record under a deferential abuse-of-discretion standard, we conclude the district court did not impose a substantively unreasonable sentence. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (standard of review). The record reflects the district court sufficiently considered the relevant statutory sentencing factors and did not overlook a relevant factor, give significant weight to an improper or irrelevant factor, or commit a clear error of judgment in weighing relevant factors. See 18 U.S.C. § 3583(e); Miller, 557 F.3d at 917; United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004). The sentence is also within both the statutory limits and the advisory range of the Sentencing Guidelines. See 18 U.S.C. § 3583(b)(2), (e)(3), (h); United States v. Petreikis, 551 F.3d 822, 824-25 (8th Cir. 2009).

Accordingly, we deny Jones’s motion for the appointment of new counsel, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________

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Reference

Status
Unpublished