United States of America v. Annie Rose Gassman

United States Court of Appeals
For the Eighth Circuit
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No. 24-1472
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Annie Rose Gassman
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Central
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Submitted: August 14, 2024
Filed: August 19, 2024
[Unpublished]
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Before KELLY, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Annie Gassman appeals the sentence imposed by the district court1 following
the revocation of her supervised release. She argues that the sentence was
1The Honorable Roberto Lange, Chief Judge, United States District Court for
the District of South Dakota.

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substantively unreasonable because the court did not adequately consider and give
appropriate weight to mitigating factors. Upon careful review, we affirm.
We conclude that the district court did not err in imposing the within-
Guidelines sentence that Gassman received. See United States v. Johnson, 827 F.3d
740, 744 (8th Cir. 2016) (appellate court reviews revocation sentencing decision
under same deferential abuse-of-discretion standard that applies to initial sentencing
proceedings; abuse of discretion occurs if court fails to consider relevant factor that
should have received significant weight, gives significant weight to improper or
irrelevant factor, or commits clear error of judgment in weighing factors); see also
United States v. Wilkins, 909 F.3d 915, 917 (8th Cir. 2018) (within-Guidelines
revocation sentence is presumptively reasonable on appeal). The court adequately
considered mitigating factors in imposing the sentence, and it did not clearly err in
weighing the relevant factors. See United States v. Misquadace, 778 F.3d 717, 719
(8th Cir. 2015) (per curiam) (courts have wide latitude to weigh sentencing factors
in each case and assign some factors greater weight than others in determining
sentence).
Accordingly, we affirm.
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