United States v. Matthew Brockway

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1413 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Matthew Edward Brockway

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: June 17, 2024 Filed: June 21, 2024 [Unpublished] ____________

Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Matthew Brockway appeals after the district court1 revoked his supervised release and sentenced him to a term above the advisory Sentencing Guidelines range.

1 The Honorable Leonard T. Strand, United States District Judge for the Northern District of Iowa. His counsel has moved for leave to withdraw and has filed a brief challenging the substantive reasonableness of the sentence. Brockway has also filed a pro se brief, suggesting that the duration of his incarceration should be reduced.

We conclude that the sentence was not an abuse of discretion. See United States v. Valure, 835 F.3d 789, 790 (8th Cir. 2016) (standard of review). There is no indication that 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. See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (considerations for reasonableness of sentence); United States v. Michels, 49 F.4th 1146, 1148-49 (8th Cir. 2022) (sentence above Guidelines range was not abuse of discretion).

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

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