United States v. Jeffery Kuster

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 26, 2023
• Docket: 23-1003
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1003 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jeffery Scott Kuster

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: April 21, 2023 Filed: April 26, 2023 [Unpublished] ____________

Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________

PER CURIAM.

Jeffery Scott Kuster appeals after the district court1 revoked his supervised release and sentenced him to 12 months in prison and 24 months of supervised

1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. release. His counsel has moved for leave to withdraw and filed a brief challenging the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court did not abuse its discretion in sentencing Kuster. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (substantive reasonableness of revocation sentence is reviewed under deferential abuse-of-discretion standard); see also United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (district court need not make specific findings on § 3553(a) factors; all that is generally required to satisfy appellate court is evidence that court was aware of relevant factors). The sentence was within the advisory Guidelines range and below the statutory limit. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 5 years for Class A felony); 21 U.S.C. § 841(b)(1)(A) (maximum supervised release term is life); Perkins, 526 F.3d at 1110 (revocation sentence within Guidelines range is accorded presumption of reasonableness on appeal).

The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________

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