United States v. Tracy Barnett

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2516 ___________________________

United States of America

Plaintiff - Appellee

v.

Tracy Alan Barnett

Defendant - Appellant ____________

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

Submitted: October 28, 2024 Filed: December 11, 2024 [Unpublished] ____________

Before SHEPHERD, KELLY, and STRAS, Circuit Judges. ____________

PER CURIAM.

After violating the conditions of supervised release, Tracy Barnett received an 8-month prison sentence, followed by another 102 months of supervision. His counsel, who seeks permission to withdraw, suggests that revocation was unnecessary and the sentence is too long.

We conclude otherwise. After Barnett stipulated to the violations, the district court1 explained both decisions. In doing so, it sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Wilkins, 909 F.3d 915, 917 (8th Cir. 2018) (reviewing a revocation sentence for an abuse of discretion); United States v. Melton, 666 F.3d 513, 516 (8th Cir. 2012) (doing the same for a decision to revoke). We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

1 The Honorable Stephen H. Locher, United States District Judge for the Southern District of Iowa. -2-