United States of America v. Ricky Shawn Bennett, also known as Shawn

United States Court of Appeals
For the Eighth Circuit
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No. 24-1705
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Ricky Shawn Bennett, also known as Shawn
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: June 27, 2024
Filed: July 2, 2024
[Unpublished]
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Before LOKEN, GRUENDER, and STRAS, Circuit Judges.
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PER CURIAM.
Ricky Bennett appeals after the district court1 revoked his supervised release
and sentenced him to a term above the advisory Sentencing Guidelines range. His
1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas.

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counsel has moved for leave to withdraw and has filed a brief challenging the
substantive reasonableness of the sentence.
We conclude that the sentence was not an abuse of discretion. See United
States v. Valure, 835 F.3d 789, 790 (8th Cir. 2016) (observing that the district court’s
revocation sentencing decisions are reviewed for an abuse of discretion). There is no
indication that the district court failed to consider a relevant factor, gave significant
weight to an improper or irrelevant factor, or committed a clear error of judgment.
See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (setting forth the
considerations for the substantive reasonableness of a sentence); see also United
States v. Michels, 49 F.4th 1146, 1148-49 (8th Cir. 2022) (concluding that a
revocation sentence above the Guidelines range was not an abuse of discretion).
Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment.
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