United States v. Thow Liem

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 5, 2024
• Docket: 24-2524
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2524 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Thow Deng Liem

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: November 26, 2024 Filed: December 5, 2024 [Unpublished] ____________

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

PER CURIAM.

Thow Deng Liem appeals after the district court1 revoked his supervised release and sentenced him to 11 months in prison and 13 months of supervised

1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa. release. His counsel has moved for leave to withdraw and has filed a brief challenging the substantive reasonableness of the sentence.

We conclude that the sentence was not an abuse of discretion. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (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 in weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (considerations for reasonableness of sentence). Further, the revocation sentence is within the Guidelines range and afforded a presumption of reasonableness on appeal. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (sentence within the Guidelines range is accorded a presumption of substantive reasonableness on appeal).

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

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