United States v. David Thompson

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 26, 2024
• Docket: 23-3375
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3375 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

David Byron Thompson

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Harrison ____________

Submitted: April 19, 2024 Filed: April 26, 2024 [Unpublished] ____________

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

PER CURIAM.

David Thompson appeals the sentence the district court1 imposed after revoking his supervised release. His counsel has moved to withdraw, and has filed

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. a brief arguing that the district court abused its discretion in ordering the revocation sentence to run consecutively to a sentence imposed on a new charge.

We conclude that the district court did not abuse its discretion in imposing a consecutive sentence upon revocation of Thompson’s supervised release. See United States v. Valure, 835 F.3d 789, 790-91 (8th Cir. 2016) (standard of review). The court considered the factors listed in 18 U.S.C. § 3553(a), and did not err in weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (revocation sentence may be unreasonable if district court fails to consider relevant § 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits clear error of judgment); see also 18 U.S.C. § 3584 (district court may impose consecutive or concurrent sentences and shall consider § 3553(a) factors). Accordingly, we grant counsel leave to withdraw, and we affirm.

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