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

United States v. Rahmaan El Herman

United States v. Rahmaan El Herman
U.S. Court of Appeals for the Eighth Circuit · Decided August 31, 2023

United States v. Rahmaan El Herman

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1870 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Rahmaan Manzar El Herman, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Northern District of Iowa - Western ____________ Submitted: August 29, 2023 Filed: August 31, 2023 [Unpublished] ____________ Before LOKEN, COLLOTON, and KELLY, Circuit Judges. ____________ PER CURIAM.

Rahmaan El Herman appeals after the district court1 revoked his supervised release and sentenced him, below the advisory sentencing guideline range, to 12 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. months and a day in prison, followed by 1 year of supervised release. His counsel has moved for leave to withdraw and filed a brief challenging the revocation sentence.

Upon careful review, we conclude that the district court did not abuse its discretion in sentencing El Herman below the guideline range. There is no indication that the court gave significant weight to an improper or irrelevant factor or committed clear error of judgment in weighing the relevant factors. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009); United States v. Larison, 432 F.3d 921, 922-24 (8th Cir. 2006); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009).

The revocation sentence was below the statutory maximum. See 18 U.S.C. § 3583(e)(3), (h).

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

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