United States v. Charles Carter

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 4, 2023
• Docket: 23-1058
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1058 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Charles Dwayne Carter

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: May 1, 2023 Filed: May 4, 2023 [Unpublished] ____________

Before GRUENDER, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Charles Carter appeals after the district court1 revoked his supervised release and sentenced him to 24 months in prison and 1 year of supervised release. His

1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. counsel has moved to withdraw, and has filed a brief arguing that the revocation sentence is substantively unreasonable.

Upon careful review, we conclude that Carter’s sentence was not unreasonable, as there is 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 United States v. Miller, 557 F.3d 910, 914 (8th Cir. 2009) (reviewing the district court’s decision to revoke supervised release for abuse of discretion); United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (explaining that a revocation sentence may be unreasonable if the district court fails to consider a relevant 18 U.S.C. § 3353(a) factor, gives significant weight to an improper or irrelevant factor, or commits a clear error of judgment); United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004) (stating that a district court need not mechanically list every § 3553(a) factor when sentencing a defendant upon revocation; all that is required is consideration of relevant matters and some reason for the court’s decision).

Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________

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