United States v. Jesse Fells

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 4, 2025
• Docket: 25-1119
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-1119 ___________________________

United States of America

Plaintiff - Appellee

v.

Jesse Robert Fells

Defendant - Appellant ____________

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

Submitted: May 30, 2025 Filed: June 4, 2025 [Unpublished] ____________

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

PER CURIAM.

After violating the conditions of supervised release for the third time, Jesse Fells received a 24-month prison sentence, followed by another 96 months of supervision. His counsel, who seeks permission to withdraw, suggests the sentence is substantively unreasonable. We conclude otherwise. See United States v. Barber, 4 F.4th 689, 691 (8th Cir. 2021) (per curiam) (reviewing a revocation sentence for an abuse of discretion). The record shows that the district court 1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment. See Barber, 4 F.4th at 692 (explaining that the court “has wide latitude to weigh the § 3553(a) factors in each case and assign some factors greater weight than others” (citation omitted)). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. -2-