United States of America v. Kermit Clay

United States Court of Appeals
For the Eighth Circuit
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No. 22-1215
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kermit Clay
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: October 6, 2022
Filed: October 12, 2022
[Unpublished]
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Before ERICKSON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Kermit Clay received a 15-year supervised-release sentence after he violated
the release conditions previously placed on him. He challenges the substantive
reasonableness of the sentence.

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We conclude that the sentence is substantively reasonable. See United States
v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (reviewing the reasonableness of a
revocation sentence for an abuse of discretion and stating that a within-Guidelines-
range sentence is presumptively reasonable). The record establishes that the district
court1 sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a),
3583(c), (e)(3), (h), and did not rely on an improper factor or commit a clear error
of judgment. See United States v. Larison, 432 F.3d 921, 923–24 (8th Cir. 2006).
We accordingly affirm the judgment of the district court.
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1 The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.

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