United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2915 ___________________________

United States of America

Plaintiff - Appellee

v.

Christopher Lee Allen

Defendant - Appellant ____________

Appeal from United States District Court for the District of North Dakota - Western ____________

Submitted: December 8, 2021 Filed: December 13, 2021 [Unpublished] ____________

Before BENTON, KELLY, and KOBES, Circuit Judges. ____________

PER CURIAM.

Christopher Lee Allen appeals the sentence the district court1 imposed after revoking his supervised release for the second time. His counsel has moved to

1 The Honorable Daniel M. Traynor, United States District Judge for the District of North Dakota. withdraw and has filed a brief challenging the substantive reasonableness of the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After reviewing the record under a deferential abuse-of-discretion standard, this court concludes 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 considered 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 below the statutory limits, and is presumptively reasonable because it falls within the applicable policy statement range in the United States Sentencing Guidelines Manual. See 18 U.S.C. § 3583(e)(3); United States v. Petreikis, 551 F.3d 822, 824-25 (8th Cir. 2009).

The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________

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