United States v. Dustin Whitford

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 6, 2020
• Docket: 19-3063
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-3063 ___________________________

United States of America

Plaintiff - Appellee

v.

Dustin Michael Whitford

Defendant - Appellant ____________

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

Submitted: February 3, 2020 Filed: February 6, 2020 [Unpublished] ____________

Before SHEPHERD, STRAS, and KOBES, Circuit Judges. ____________

PER CURIAM.

Dustin Whitford appeals a within-Guidelines-range sentence of 12 months in prison for violating the conditions of supervised release. He challenges the substantive reasonableness of the sentence, and his attorney seeks permission to withdraw. We conclude that Whitford’s sentence is substantively reasonable. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (reviewing the reasonableness of a revocation sentence for an abuse of discretion); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (stating that a within-Guidelines-range sentence is presumptively reasonable). The record establishes that the district court 1 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. See United States v. Larison, 432 F.3d 921, 923–24 (8th Cir. 2006). Accordingly, we affirm the judgment and grant counsel permission to withdraw. ______________________________

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

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