United States of America v. Daniel L. Lopez

United States Court of Appeals
For the Eighth Circuit
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No. 23-3568
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United States of America
Plaintiff - Appellee
v.
Daniel L. Lopez
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: June 20, 2024
Filed: June 27, 2024
[Unpublished]
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Before LOKEN, GRUENDER, and STRAS, Circuit Judges.
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PER CURIAM.
After violating the conditions of supervised release, Daniel Lopez received a
27-month prison sentence. His counsel, who seeks permission to withdraw, suggests
the revocation was based on clearly erroneous findings and the sentence is
procedurally and substantively unreasonable.

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We conclude otherwise. Lopez stipulated to the violations underlying the
revocation. See United States v. Edwards, 400 F.3d 591, 592 (8th Cir. 2005) (per
curiam). Then, relying on undisputed facts, the district court1 correctly calculated
the advisory range and adequately explained its reasoning. See United States v.
Miller, 557 F.3d 910, 916 (8th Cir. 2009) (applying the plain-error standard to
unpreserved claims of procedural error). In doing so, it 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. Dixon,
52 F.4th 731, 733 (8th Cir. 2022) (reviewing a revocation sentence for an abuse of
discretion). We accordingly affirm the judgment of the district court and grant
counsel permission to withdraw.
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1 The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.

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