United States v. Richard Smith

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[Unpublished]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.