United States v. Herman Baylor

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 21, 2024
• Docket: 24-2374
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2374 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Herman Terrill Baylor

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: October 16, 2024 Filed: October 21, 2024 [Unpublished] ____________

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

PER CURIAM.

Herman Baylor appeals after the district court1 revoked his supervised release and sentenced him to 14 months in prison and 22 months of supervised release. His

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. counsel has moved to withdraw and has filed a brief challenging the substantive reasonableness of the sentence.

We conclude that the district court did not abuse its discretion in sentencing Baylor, as there is no indication that the court failed to consider a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (discussing abuse-of-discretion review for the substantive reasonableness of a revocation sentence). Moreover, the sentence is within the advisory Guidelines range. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (stating that on appeal, a within-Guidelines-range revocation sentence is presumed reasonable).

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

-2-