United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1743 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Matthew Jay Garcia

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: December 22, 2021 Filed: December 28, 2021 [Unpublished] ____________

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Matthew Garcia appeals after the district court1 revoked his supervised release and sentenced him to 12 months in prison and 12 months of supervised release. His

1 The Honorable Peter D. Welte, Chief Judge, United States District Court for the District of North Dakota. counsel has moved for leave to withdraw, and has filed a brief challenging the sentence.

After careful review of the record, we conclude that the district court did not abuse its discretion in sentencing Garcia. The sentence was within the advisory Guidelines range, and below the statutory limit, see 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 5 years for Class A felony); 21 U.S.C. § 841(b)(1)(A) (maximum supervised release term is life). It properly considered the sentencing factors and did not commit a clear error of judgment in weighing them. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009); see also United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).

Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________

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