Opinion
No. 20-3287
04-02-2021
United States of America Plaintiff - Appellee v. Kelvin Lamar Davis Defendant - Appellant
Appeal from United States District Court for the Southern District of Iowa - Eastern [Unpublished] Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. PER CURIAM.
Kelvin Lamar Davis appeals the sentence the district court imposed upon revoking his supervised release. Counsel has moved for leave to withdraw, and has filed a brief challenging the sentence as unreasonable. We affirm.
The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. --------
We conclude that the district court did not impose an unreasonable sentence. See United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (in reviewing revocation sentences, appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard). The record reflects that the district court properly considered the 18 U.S.C. § 3553(a) factors, and there is no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006); and the sentence is below the Guidelines range and the statutory limit, see 18 U.S.C. §§ 3583(e)(3), (h); United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (maximum supervised release sentence for 21 U.S.C. § 841(b)(1)(C) violation is life); U.S.S.G. § 7B1.4(a); cf. United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (revocation sentence within Guidelines range is accorded a presumption of substantive reasonableness on appeal).
The judgment is affirmed. Counsel's motion to withdraw is granted.