U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Thomas Drumgold, II

United States v. Thomas Drumgold, II
U.S. Court of Appeals for the Eighth Circuit · Decided March 23, 2023

United States v. Thomas Drumgold, II

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3636 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Thomas Hannibal Drumgold, II, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the District of North Dakota - Western ____________ Submitted: March 17, 2023 Filed: March 23, 2023 [Unpublished] ____________ Before COLLOTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Thomas Drumgold, II appeals after the district court1 revoked his supervised release and sentenced him to a term of 12 months and 1 day in prison, followed by 24 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. months of supervised release. His counsel has moved to withdraw and filed a brief arguing that the sentence is substantively unreasonable.

Upon careful review, to conform to the statutory maximum punishment, we order the judgment amended as follows: Drumgold’s revocation prison sentence remains 12 months and 1 day, but his term of supervised release will be 24 months minus 1 day. See 18 U.S.C. § 3583(h). We affirm the judgment in all other respects.

Drumgold’s sentence was not unreasonable, as there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 922-23 (8th Cir. 2006); see also United States v. Elodio-Benitez, 672 F.3d 584, 586 (8th Cir. 2012). We also grant counsel’s motion to withdraw. ______________________________

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