United States of America v. Brian LeBeau

United States Court of Appeals
For the Eighth Circuit
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No. 24-1215
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brian LeBeau
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: June 18, 2024
Filed: June 24, 2024
[Unpublished]
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Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Brian LeBeau appeals after the district court1 revoked his supervised release
and sentenced him to 10 months in prison and an additional period of supervision.
LeBeau challenges the substantive reasonableness of his sentence.
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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After careful review of the record, we conclude the district court did not abuse
its discretion in imposing the revocation sentence. See United States v. Miller, 557
F.3d 910, 917-18 (8th Cir. 2009) (standard of review). There is no indication the
district court failed to consider the 18 U.S.C. § 3553(a) factors, gave significant
weight to an improper or irrelevant factor, or committed a clear error of judgment in
weighing relevant factors. See United States v. Larison, 432 F.3d 921, 923 (8th Cir.
2006) (reciting considerations to discern whether revocation sentence is
unreasonable); see also United States v. Bridges, 569 F.3d 374, 379 (8th Cir. 2009)
(district courts have wide latitude to weigh the § 3553(a) factors in each case and are
allowed to assign greater weight to some factors over others). Moreover, the
revocation sentence is within the Guidelines range and accorded a presumption of
substantive reasonableness on appeal. See United States v. Perkins, 526 F.3d 1107,
1110 (8th Cir. 2008).
Accordingly, we affirm.
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