United States v. Kelvin Davis

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 2, 2021
• Docket: 20-3287
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit

___________________________

No. 20-3287 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kelvin Lamar Davis

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: March 30, 2021 Filed: April 2, 2021 [Unpublished] ____________

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

PER CURIAM. Kelvin Lamar Davis appeals the sentence the district court1 imposed upon revoking his supervised release. Counsel has moved for leave to withdraw, and has filed a brief challenging the sentence as unreasonable. We affirm.

We conclude that the district court did not impose an unreasonable sentence. See United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (in reviewing revocation sentences, appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard). The record reflects that the district court properly considered the 18 U.S.C. § 3553(a) factors, and there is no indication that it overlooked a relevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006); and the sentence is below the Guidelines range and the statutory limit, see 18 U.S.C. §§ 3583(e)(3), (h); United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (maximum supervised release sentence for 21 U.S.C. § 841(b)(1)(C) violation is life); U.S.S.G. § 7B1.4(a); cf. United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (revocation sentence within Guidelines range is accorded a presumption of substantive reasonableness on appeal).

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

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

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