United States v. James Hubbell

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 21, 2024
• Docket: 24-1801
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1801 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

James Paul Hubbell

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: October 15, 2024 Filed: October 21, 2024 [Unpublished] ____________

Before LOKEN, SMITH, and KOBES, Circuit Judges. ____________

PER CURIAM.

James Paul Hubbell appeals after the district court1 revoked his supervised release and sentenced him to 24 months in prison and 36 months of supervised

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. release. His counsel has moved for leave to withdraw and has filed a brief challenging the substantive reasonableness of the sentence.

We conclude that the sentence was not an abuse of discretion. See United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (standard of review). There is no indication that the district court failed to consider 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. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (considerations for reasonableness of sentence). Further, the sentence was within the statutory limits. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 2 years if underlying offense is Class C felony); 21 U.S.C. § 841(b)(1)(C) (term of supervised release is life); see also United States v. Morin, 95 F.4th 592, 595 (8th Cir. 2024).

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

-2-