United States v. Dreshawn Dudley

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 23-1492

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Dreshawn Charles Marquis Dudley

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court for the Southern District of Iowa

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Submitted: June 26, 2023

Filed: June 29, 2023

[Unpublished]

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Before KELLY, ERICKSON, and GRASZ, Circuit Judges.

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PER CURIAM.

Dreshawn Dudley appeals after the district court1 revoked his supervised release and sentenced him to 8 months in prison and 12 months of supervised release.

1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

His counsel has moved to withdraw and has filed a brief arguing the revocation sentence was substantively unreasonable.

Upon careful review, we conclude Dudley’s sentence was not unreasonable, as there is no indication 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 a revocation sentence may be unreasonable if the district court fails to consider a relevant 18 U.S.C. § 3553(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 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 sentencing court’s decision).

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

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