United States v. Dale Martin, Jr.

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-3183 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Dale Martin, Jr.

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota ____________

Submitted: March 5, 2025 Filed: March 21, 2025 [Unpublished] ____________

Before SMITH, SHEPHERD, GRASZ, Circuit Judges. ____________

PER CURIAM.

Dale Martin, Jr. appeals after the district court1 revoked his supervised release and sentenced him to a prison term of 12 months and one day, with no supervised

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.

release to follow. His counsel has moved to withdraw and has filed a brief challenging the sentence as substantively unreasonable.

After reviewing the record, we conclude the district court did not abuse its discretion in imposing the sentence. See United States v. Valure, 835 F.3d 789, 790 (8th Cir. 2016) (reviewing revocation sentence for abuse of discretion). The court considered the relevant factors and did not give significant weight to an improper factor or commit a clear error in weighing the factors. See United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006). The sentence was also statutorily permissible. See 18 U.S.C. § 3583(e)(3). Accordingly, we grant counsel’s motion to withdraw, and affirm. ______________________________

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