United States of America v. Gregorio Aguilar, II

United States Court of Appeals
For the Eighth Circuit
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No. 20-3472
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Gregorio Aguilar, II
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: June 1, 2021
Filed: June 7, 2021
[Unpublished]
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Before ERICKSON, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Gregorio Aguilar, II, appeals a within-Guidelines-range sentence of 24
months in prison for violating the conditions of supervised release. He challenges
the substantive reasonableness of the sentence, and his attorney seeks permission to
withdraw.

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We conclude that Aguilar’s sentence is substantively reasonable. See United
States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (reviewing the reasonableness of
a revocation sentence for an abuse of discretion); United States v. Perkins, 526 F.3d
1107, 1110 (8th Cir. 2008) (stating that a within-Guidelines-range sentence is
presumptively reasonable). The record establishes that the district court1 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. Larison, 432 F.3d 921, 923–24 (8th Cir. 2006). Accordingly, we affirm the
judgment and grant counsel permission to withdraw.
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1 The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.

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