United States v. Eddie Mull

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 10, 2023
• Docket: 23-1827
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1827 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Eddie Mull

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: August 7, 2023 Filed: August 10, 2023 ____________

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

PER CURIAM.

Eddie Mull appeals after the district court1 revoked his supervised release and sentenced him to 8 months in prison and 2 years of supervised release. His counsel

1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. has moved to withdraw, and has filed a brief challenging the substantive reasonableness of the sentence.

After careful review of the record, we conclude that the district court did not abuse its discretion in imposing the revocation sentence. See United States v. McGhee, 869 F.3d 703, 705-06 (8th Cir. 2017) (per curiam). The revocation sentence is within the Guidelines range and accorded a presumption of substantive reasonableness on appeal. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008). Moreover, there is no indication that the district court failed to consider a relevant 18 U.S.C. § 3553(a) factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the appropriate factors. See McGhee, 869 F.3d at 706.

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

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