United States v. Ryan Payne

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 9, 2019
• Docket: 18-2132
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2132 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Ryan Payne

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: April 15, 2019 Filed: July 9, 2019 [Unpublished] ____________

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

PER CURIAM.

Defendant Ryan Payne is a former IRS agent. In 2018, he pled guilty to misuse of a social security number and aggravated identity theft in violation of 42 U.S.C. § 408(a)(7)(B) and 18 U.S.C. § 1028A(a)(1), respectively. The district court1 sentenced him to 28 months’ imprisonment on the misuse charge and 24 months on the aggravated-identity-theft charge. Both terms of imprisonment were within the applicable Guidelines range, and § 1028A(b)(2) required them to run consecutively. On appeal, Payne challenges his sentence on the misuse charge only, claiming it is substantively unreasonable.

Payne’s within-range sentence is presumptively reasonable on appeal. United States v. Peithman, 917 F.3d 635, 653 (8th Cir. 2019). Because there is nothing in the record to indicate that the district court “fail[ed] to consider a relevant factor” under 18 U.S.C. § 3553(a), “g[ave] significant weight to an improper or irrelevant factor,” or otherwise “commit[ted] a clear error of judgment” when weighing the appropriate factors, we conclude Payne failed to rebut this presumption. United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (citation omitted). Accordingly, we affirm the judgment of the district court. ______________________________

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

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