United States v. Hassell Myers

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 24, 2022
• Docket: 21-2696
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2696 ___________________________

United States of America

Plaintiff - Appellee

v.

Hassell E. Myers

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________

Submitted: March 18, 2022 Filed: May 24, 2022 [Unpublished] ____________

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

PER CURIAM.

After Hassell Myers pleaded guilty to failing to register as a sex offender, the district court 1 sentenced him to 24 months in prison and 20 years of supervised

1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri. release. See 18 U.S.C. § 2250. Although he argues that the supervised-release term is too long, we affirm.

Despite varying upward, the district court neither procedurally erred nor abused its discretion. See United States v. Feemster, 572 F.3d 455, 464 (8th Cir. 2009) (en banc) (“[I]t will be the unusual case when we reverse a district court sentence—whether within, above, or below the applicable Guidelines range—as substantively unreasonable.” (emphasis added) (citation omitted)); United States v. James, 792 F.3d 962, 967 (8th Cir. 2015) (explaining that “[t]he term of supervised release is a part of” the sentence). The record establishes that it carefully considered the statutory sentencing factors, see 18 U.S.C. § 3583(c), 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). Just because Myers would have weighed certain factors differently does not mean the court abused its discretion or otherwise erred. See James, 792 F.3d at 968–69.

We accordingly affirm the judgment of the district court. ______________________________

-2-