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United States v. Ness

United States Court of Appeals, Eighth Circuit
Nov 10, 2022
No. 22-1310 (8th Cir. Nov. 10, 2022)

Opinion

22-1310

11-10-2022

United States of America Plaintiff-Appellee v. Jacob Dylan Ness Defendant-Appellant


Unpublished

Submitted: September 19, 2022

Appeal from United States District Court for the Northern District of Iowa - Eastern

Before COLLOTON, WOLLMAN, and STRAS, Circuit Judges.

PER CURIAM.

After Jacob Ness violated the conditions of probation by using methamphetamine, the district court varied upward and gave him a 27-month prison sentence. See 18 U.S.C. § 3565(a). Although he argues that the sentence is too long, we affirm.

The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.

We conclude that the sentence is substantively reasonable. See United States v. Michael, 12 F.4th 858, 860 (8th Cir. 2021) (stating that a within-Guidelines sentence is presumed reasonable). The record establishes that the district court sufficiently considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on an improper factor or commit a clear error of judgment, see United States v. Leonard, 785 F.3d 303, 306-07 (8th Cir. 2015) (per curiam). In its view, Ness presented a "clear danger to the community" based on his "outrageous criminal behavior," even though he was "trying to remain sober." Cf. Michael, 12 F.4th at 860-61 (affirming an upward departure based on the district court's decision "to give greater weight to the risk to the public"). Just because Ness believes the court should have weighed these factors differently does not mean the court abused its discretion. See United States v. Holdsworth, 830 F.3d 779, 786 (8th Cir. 2016).

We accordingly affirm the judgment of the district court.


Summaries of

United States v. Ness

United States Court of Appeals, Eighth Circuit
Nov 10, 2022
No. 22-1310 (8th Cir. Nov. 10, 2022)
Case details for

United States v. Ness

Case Details

Full title:United States of America Plaintiff-Appellee v. Jacob Dylan Ness…

Court:United States Court of Appeals, Eighth Circuit

Date published: Nov 10, 2022

Citations

No. 22-1310 (8th Cir. Nov. 10, 2022)