United States v. Kermit Clay

U.S. Court of Appeals for the Eighth Circuit

United States v. Kermit Clay

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1215 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kermit Clay

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: October 6, 2022 Filed: October 12, 2022 [Unpublished] ____________

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

PER CURIAM.

Kermit Clay received a 15-year supervised-release sentence after he violated the release conditions previously placed on him. He challenges the substantive reasonableness of the sentence. We conclude that the sentence is substantively reasonable. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (reviewing the reasonableness of a revocation sentence for an abuse of discretion and stating that a within-Guidelines- range sentence is presumptively reasonable). The record establishes that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(c), (e)(3), (h), 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). We accordingly affirm the judgment of the district court. ______________________________

1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. -2-

Reference

Status
Unpublished