United States v. Najee Boston

Court of Appeals for the Eighth Circuit·Decided April 24, 2025·No. 24-3618·Unpublished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[Unpublished]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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United States v. Najee Boston, (8th Cir. 2025).

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Related

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