United States of America v. Dwayne Vadim Scott

United States Court of Appeals
For the Eighth Circuit
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No. 24-3425
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dwayne Vadim Scott
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: March 31, 2025
Filed: April 3, 2025
[Unpublished]
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Before SMITH, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Dwayne Scott appeals after the district court1 revoked his supervised release
and sentenced him to 12 months and 1 day in prison and 18 months of supervised
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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release. His counsel has moved for leave to withdraw and has filed a brief
challenging the substantive reasonableness of the sentence.
After careful review, we conclude that the district court did not abuse its
discretion, as there is no indication that it failed to consider a relevant 18 U.S.C.
§ 3353(a) factor, gave significant weight to an improper or irrelevant factor, or
committed a clear error of judgment in weighing relevant factors, and the revocation
sentence is within the statutory maximum. See United States v. Miller, 557 F.3d 910,
916 (8th Cir. 2009) (standard of review); United States v. Larison, 432 F.3d 921, 923
(8th Cir. 2006) (reciting factors to discern whether revocation sentence is
unreasonable); see also 18 U.S.C. § 3583(b)(2) (maximum term of supervised release
is 3 years for Class D felony), (e)(3) (maximum revocation prison term is 2 years if
underlying offense is Class D felony), (h) (length of supervised release term upon
revocation shall not exceed statutorily authorized term of supervised release for
offense of conviction, less any revocation prison terms).
Accordingly, we grant counsel’s motion to withdraw and affirm the judgment.
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