United States of America v. Leighton Lyle Leroy Munger

18-3137Court of Appeals for the Eighth CircuitAug 31, 2020

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 19-3546
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United States of America
Plaintiff - Appellee
v.
Leighton Lyle Leroy Munger
Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 15, 2020
Filed: August 3, 2020
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
After Leighton Lyle Leroy Munger admitted to violating the conditions of
supervised release by failing a drug test and leaving a halfway house without
permission, the district court1 gave him a within-Guidelines-range sentence of 14
1 The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota.

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-2-
months in prison. He challenges the substantive reasonableness of the sentence,
including the weight placed on various mitigating factors.
We conclude that Munger’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 court 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 of the district court.
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