United States v. Thomas Drumgold, II

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 22-3636

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United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Thomas Hannibal Drumgold, II,

lllllllllllllllllllllDefendant - Appellant.

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Appeal from United States District Court for the District of North Dakota - Western

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Submitted: March 17, 2023 Filed: March 23, 2023

[Unpublished]

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Before COLLOTON, KELLY, and GRASZ, Circuit Judges.

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PER CURIAM.

Thomas Drumgold, II appeals after the district court1 revoked his supervised release and sentenced him to a term of 12 months and 1 day in prison, followed by 24

1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota.

months of supervised release. His counsel has moved to withdraw and filed a brief arguing that the sentence is substantively unreasonable.

Upon careful review, to conform to the statutory maximum punishment, we order the judgment amended as follows: Drumgold’s revocation prison sentence remains 12 months and 1 day, but his term of supervised release will be 24 months minus 1 day. See 18 U.S.C. § 3583(h). We affirm the judgment in all other respects. Drumgold’s sentence was not unreasonable, as there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 922-23 (8th Cir. 2006); see also United States v. Elodio-Benitez, 672 F.3d 584, 586 (8th Cir. 2012). We also grant counsel’s motion to withdraw.

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