United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-2167 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Richard James Smith

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: September 10, 2025 Filed: September 15, 2025 [Unpublished] ____________

Before LOKEN, GRUENDER, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Richard Smith appeals the sentence the district court1 imposed upon revoking his supervised release for the third time. On appeal, he challenges the within- Guidelines 9-month prison term as substantively unreasonable.

Following careful review, we conclude that the district court considered Smith’s pattern of admitted noncompliance with supervision in imposing a slightly longer prison term than previously imposed, with no term of supervision to follow, and we see 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 18 U.S.C. §§ 3553(a) (factors), 3583(e)(3) (statutory limits); United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (standard of review).

The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________

1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.

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