United States v. Adrian Weems

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 8, 2024
• Docket: 23-3229
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3229 ___________________________

United States of America

Plaintiff - Appellee

v.

Adrian Lamar Weems

Defendant - Appellant ____________

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

Submitted: March 5, 2024 Filed: March 8, 2024 [Unpublished] ____________

Before BENTON, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

After violating the conditions of supervised release for the third time, Adrian Weems received a 22-month prison sentence. His counsel, who seeks permission to withdraw, suggests the sentence is substantively unreasonable.

We conclude otherwise. See United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021) (reviewing a revocation sentence for an abuse of discretion). The record shows that the district court1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment, despite varying upward from the recommended sentencing range. See Clark, 998 F.3d at 369–70. We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. -2-