United States v. Najee Boston

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 24, 2025
• Docket: 24-3618
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-3618 ___________________________

United States of America

Plaintiff - Appellee

v.

Najee Boston

Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: April 21, 2025 Filed: April 24, 2025 [Unpublished] ____________

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

PER CURIAM.

Najee Boston appeals after the district court 1 revoked his supervised release and sentenced him to 60 months in prison. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. Boston’s counsel has moved for leave to withdraw and has filed a brief challenging the substantive reasonableness of the sentence. Upon careful review, this court concludes that the district court did not abuse its discretion, as there is no indication that it failed to consider a relevant 18 U.S.C. § 3353(a) 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. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (reciting factors to discern whether revocation sentence is unreasonable). Further, the revocation sentence is within the statutory maximum. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison term is 5 years if underlying offense is Class A felony).

The judgment is affirmed, and counsel’s motion to withdraw is granted. ______________________________

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