United States of America v. Adrian Lamar Weems

21-2459Court of Appeals for the Eighth CircuitMar 29, 2024

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3229
___________________________
United States of America
Plaintiff - Appellee
v.
Adrian Lamar Weems
Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: March 5, 2024
Filed: March 8, 2024
[Unpublished]
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Before BENTON, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
After violating the conditions of supervised release for the third time, Adrian
Weems received a 22-month prison sentence. His counsel, who seeks permission
to withdraw, suggests the sentence is substantively unreasonable.
We conclude otherwise. See United States v. Clark, 998 F.3d 363, 367 (8th
Cir. 2021) (reviewing a revocation sentence for an abuse of discretion). The record

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shows 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, despite varying upward from the recommended
sentencing range. See Clark, 998 F.3d at 369–70. We accordingly affirm the
judgment of the district court and grant counsel permission to withdraw.
______________________________
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
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