United States v. Jeremy Canady

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 29, 2022
• Docket: 22-2532
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2532 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Jeremy Jeremiah Canady,

lllllllllllllllllllllDefendant - Appellant. ____________

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

Submitted: November 16, 2022 Filed: November 29, 2022 [Unpublished] ____________

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

PER CURIAM.

Jeremy Canady appeals after the district court1 revoked his supervised release and sentenced him to 36 months in prison. His counsel has moved to withdraw, and

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the revocation sentence.

Upon careful review, we conclude that Canady’s sentence was not unreasonable, as there was no indication that the district court overlooked 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. Miller, 557 F.3d 910, 914 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d 921, 922-23 (8th Cir. 2006); see also United States v. Elodio-Benitez, 672 F.3d 584, 586 (8th Cir. 2012). The revocation sentence and term of supervised release are within the statutory maximum, see 18 U.S.C. § 3583(e)(3); 21 U.S.C. § 841(b)(1)(A), and the district court stated that it had considered the 18 U.S.C. § 3553(a) factors, see United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).

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

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