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23-3440•United States of America v. Tracy Alan Barnett
23-3440Court of Appeals for the Eighth CircuitDec 31, 2024
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2516
___________________________
United States of America
Plaintiff - Appellee
v.
Tracy Alan Barnett
Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: October 28, 2024
Filed: December 11, 2024
[Unpublished]
____________
Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
____________
PER CURIAM.
After violating the conditions of supervised release, Tracy Barnett received
an 8-month prison sentence, followed by another 102 months of supervision. His
counsel, who seeks permission to withdraw, suggests that revocation was
unnecessary and the sentence is too long.
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-2-
We conclude otherwise. After Barnett stipulated to the violations, the district
court1 explained both decisions. 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. Wilkins,
909 F.3d 915, 917 (8th Cir. 2018) (reviewing a revocation sentence for an abuse of
discretion); United States v. Melton, 666 F.3d 513, 516 (8th Cir. 2012) (doing the
same for a decision to revoke). We accordingly affirm the judgment of the district
court and grant counsel permission to withdraw.
______________________________
1 The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.
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