U.S. Court of Appeals for the Eighth Circuit, 2022

United States v. Alfonso Mosley

United States v. Alfonso Mosley
U.S. Court of Appeals for the Eighth Circuit · Decided October 6, 2022

United States v. Alfonso Mosley

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2296 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Alfonso R. Mosley lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Western ____________ Submitted: October 3, 2022 Filed: October 6, 2022 [Unpublished] ____________ Before LOKEN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM.

Alfonso R. Mosley appeals after the district court1 revoked his supervised release for the second time and sentenced him to 7 months in prison, with no The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. additional supervised release to follow. His counsel has moved to withdraw and has filed a brief challenging the substantive reasonableness of the sentence.

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 sentence is below the statutory limits, see 18 U.S.C. § 3583(e)(3), and is presumptively reasonable because it falls within the applicable policy statement range in the United States Sentencing Guidelines Manual, see U.S.S.G. § 7B1.4(a); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). The district court sufficiently considered the 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; see also United States v. Clayton, 828 F.3d 654, 658 (8th Cir. 2016).

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

-2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.