Opinion
22-2111
11-03-2022
United States of America Plaintiff - Appellee v. Shaquandis Thurmond Defendant-Appellant
Unpublished
Submitted: October 31, 2022
Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids
Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
PER CURIAM
Shaquandis Thurmond appeals after the district court revoked his supervised release and sentenced him to 11 months in prison, to be followed by 2 years of supervised release. His counsel has moved to withdraw and has filed a brief challenging the reasonableness of the sentence.
The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.
After reviewing the record under a deferential abuse-of-discretion standard of review, see United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009), we conclude the district court did not impose an unreasonable sentence. The sentence is below the statutory limits, see 18 U.S.C. § 3583(b)(2), (e)(3), (h), and is presumptively reasonable because it falls within the applicable policy statement range in the United States Sentencing Guidelines Manual, see U.S.S.G. § 7B1.4(a); United States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). The court sufficiently considered the statutory sentencing factors and did not overlook a relevant factor, give significant weight to an improper or irrelevant factor, or commit a clear error of judgment in weighing relevant factors. See 18 U.S.C. § 3583(e); Miller, 557 F.3d at 917; see also United States v. Clayton, 828 F.3d 654, 658 (8th Cir. 2016). Thurmond cannot now complain about his supervised-release sentence because it is what he asked for and received. See United States v. Thompson, 289 F.3d 524, 526 (8th Cir. 2002); see also United States v. Smalley, 846 Fed.Appx. 422, 422 (8th Cir. 2021) (per curiam). Regardless, the court's decision to sentence him above the probation officer's non-binding recommendation does not make his sentence unreasonable. See United States v. Wrice, 834 Fed.Appx. 301, 302-03 (8th Cir. 2021) (per curiam).
Accordingly, we affirm the judgment and grant counsel's motion to withdraw.