United States v. Larry Todt

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 12, 2023
• Docket: 23-1443
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1443 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Larry Todt

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________

Submitted: July 7, 2023 Filed: July 12, 2023 [Unpublished] ____________

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

PER CURIAM.

Larry Todt appeals after the district court1 revoked his supervised release and imposed a term of imprisonment, with no supervised release to follow. His counsel

1 The Honorable Matthew T. Schelp, United States District Judge for the Eastern District of Missouri. has moved to withdraw and filed a brief challenging the substantive reasonableness of the sentence.

After reviewing the record under a deferential abuse-of-discretion standard of review, see United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009), we conclude the district court did not impose a substantively unreasonable sentence. The sentence was within the statutory maximums. See 18 U.S.C. § 3583(e)(3). The court also sufficiently considered the statutory sentencing factors and did not overlook a relevant factor, give significant weight to an improper or irrelevant factor, or commit a clear error of judgment in weighing relevant factors. See id. § 3583(e); Miller, 557 F.3d at 917; see also United States v. McGhee, 869 F.3d 703, 707 (8th Cir. 2017) (per curiam). Todt’s disagreement with how the court weighed those factors is insufficient to show an abuse of discretion on this record. See United States v. Vaca, 38 F.4th 718, 724 (8th Cir. 2022).

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

-2-