United States of America v. Alfonso R. Mosley

United States Court of Appeals
For the Eighth Circuit
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No. 22-2296
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Alfonso R. Mosley
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Western
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Submitted: October 3, 2022
Filed: October 6, 2022
[Unpublished]
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Before LOKEN, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Alfonso R. Mosley appeals after the district court1 revoked his supervised
release for the second time and sentenced him to 7 months in prison, with no
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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additional supervised release to follow. His counsel has moved to withdraw and has
filed a brief challenging the substantive reasonableness of the sentence.
After reviewing the record under a deferential abuse-of-discretion standard, we
conclude the district court did not impose a substantively unreasonable sentence. See
United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (standard of review). The
sentence is below the statutory limits, see 18 U.S.C. § 3583(e)(3), and is
presumptively reasonable because it falls within the applicable policy statement range
in the United States Sentencing Guidelines Manual, see U.S.S.G. § 7B1.4(a); United
States v. Petreikis, 551 F.3d 822, 824 (8th Cir. 2009). The district court sufficiently
considered the statutory sentencing factors and did not overlook a relevant factor,
give significant weight to an improper or irrelevant factor, or commit a clear error of
judgment in weighing relevant factors. See 18 U.S.C. § 3583(e); Miller, 557 F.3d at
917; see also United States v. Clayton, 828 F.3d 654, 658 (8th Cir. 2016).
Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
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