United States of America v. Jesse Robert Fells

United States Court of Appeals
For the Eighth Circuit
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No. 25-1119
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United States of America
Plaintiff - Appellee
v.
Jesse Robert Fells
Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: May 30, 2025
Filed: June 4, 2025
[Unpublished]
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Before SMITH, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
After violating the conditions of supervised release for the third time, Jesse
Fells received a 24-month prison sentence, followed by another 96 months of
supervision. His counsel, who seeks permission to withdraw, suggests the sentence
is substantively unreasonable.

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We conclude otherwise. See United States v. Barber, 4 F.4th 689, 691 (8th
Cir. 2021) (per curiam) (reviewing a revocation sentence for an abuse of discretion).
The record shows that the district court1 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 Barber, 4 F.4th at 692
(explaining that the court “has wide latitude to weigh the § 3553(a) factors in each
case and assign some factors greater weight than others” (citation omitted)). We
accordingly affirm the judgment of the district court and grant counsel permission
to withdraw.
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1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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