United States v. Antoine Mitchell

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2707 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Antoine Tavares Mitchell, also known as Nephew

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Dubuque ____________

Submitted: November 7, 2019 Filed: November 13, 2019 [Unpublished] ____________

Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Antoine Tavares Mitchell appeals the Guidelines-range sentence the district 1 court imposed upon revoking his supervised release. Counsel has moved for leave

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

to withdraw, and filed a brief challenging the sentence as unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the district court did not impose an unreasonable sentence. See United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (in reviewing revocation sentences, appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard). The district court properly considered the 18 U.S.C. § 3553(a) factors, and there is no indication that it overlooked a relevant factor or committed a clear error of judgment in weighing relevant factors. See United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006). The sentence is within the Guidelines range and below the statutory limit. See 18 U.S.C. §§ 3583(e)(3), (h); United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir. 2000) (maximum supervised release sentence for 21 U.S.C. § 841(b)(1)(C) violation is life).

The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________

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