United States v. Kobe Powell

Court of Appeals for the Eighth Circuit·Decided April 9, 2025·No. 24-3271·Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit

No. 24-3271

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Kobe Iziah Powell

lllllllllllllllllllllDefendant - Appellant

Appeal from United States District Court for the Eastern District of Arkansas - Central

Submitted: April 4, 2025

Filed: April 9, 2025

[Unpublished]

Before LOKEN, ERICKSON, and STRAS, Circuit Judges.

PER CURIAM.

Kobe Powell appeals after the district court1 revoked his supervised release and sentenced him to 10 months in prison with no further supervised release. His counsel

1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

has moved to withdraw and has filed a brief challenging the substantive reasonableness of the sentence.

After careful review of the record, we conclude the district court did not abuse its discretion in imposing the revocation sentence. See United States v. Miller, 557 F.3d 910, 915-17 (8th Cir. 2009) (standard of review). There is no indication 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 relevant factors. See United States v. Larison, 432 F.3d 921, 922-24 (8th Cir. 2006) (reciting considerations to discern whether revocation sentence is unreasonable). Moreover, the revocation sentence is within the Guidelines range and accorded a presumption of substantive reasonableness on appeal. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008).

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

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Related

United States v. Duane Larison
432 F.3d 921 (Eighth Circuit, 2006)
United States v. Perkins
526 F.3d 1107 (Eighth Circuit, 2008)
United States v. Miller
557 F.3d 910 (Eighth Circuit, 2009)