United States of America v. Russell Hart

United States Court of Appeals
For the Eighth Circuit
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No. 14-1097
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Russell Hart
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: May 23, 2014
Filed: May 30, 2014
[Unpublished]
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Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.
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PER CURIAM.
Russell Hart appeals his sentence of twenty-four months imprisonment and ten
years of supervised release which the district court imposed upon revoking Hart’s1
The Honorable Richard G. Kopf, United States District Judge for the District1
of Nebraska.

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supervised release. According to Hart, “the district court appeared to consider
appropriate sentencing factors” but erred “in weighing them[,] discounting important
factors while overvaluing others.” Hart argues the district court failed to account for
Hart’s “difficulties while on supervision” and his need and “willingness to participate
in mental health as well as drug and alcohol treatment.” This, Hart contends, led the
district court to “cho[o]se a sentence and a term of supervision . . . far greater than
necessary to serve federal sentencing purposes.” We conclude, after careful review
of the record, the district court properly considered the relevant sentencing factors,
see 18 U.S.C. §§ 3553(a), 3583(e)(3), did not abuse its discretion, and imposed a
sentence which is not unreasonable. See United States v. Franklin, 397 F.3d 604,
606-07 (8th Cir. 2005); United States v. White Face, 383 F.3d 733, 740 (8th Cir.
2004).
We affirm. See 8th Cir. R. 47B(1), (4).
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