United States of America v. Anthony Lee Sims

United States Court of Appeals
For the Eighth Circuit
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No. 22-3263
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Anthony Lee Sims
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: January 31, 2023
Filed: February 6, 2023
[Unpublished]
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Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Anthony Sims appeals after the district court1 revoked his supervised release
and sentenced him to 14 months in prison. His counsel has moved to withdraw, and
1The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

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has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
district court erred in finding that the violations occurred, and that the sentence is
unreasonable.
Upon careful review, we conclude that the district court did not clearly err in
finding by a preponderance of the evidence that Sims violated the conditions of his
supervised release. See 18 U.S.C. § 3583(e)(3) (court may revoke supervised release
on finding by preponderance of evidence that defendant violated release condition);
United States v. Carothers, 337 F.3d 1017, 1019 (8th Cir. 2003) (district court’s
decision to revoke supervised release based on its finding of violation is reviewed for
abuse of discretion, and finding that violation occurred is reviewed for clear error;
credibility determinations at revocation hearing are virtually unreviewable on appeal).
We also conclude that Sims’s sentence was not unreasonable, as there is no
indication that the district court overlooked a relevant factor, gave significant weight
to an improper or irrelevant factor, or committed a clear error of judgment in
weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 922-23
(8th Cir. 2006); see also United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014)
(on appeal, within-Guidelines sentence may be presumed reasonable). The revocation
sentence and term of supervised release are within the statutory maximum, see 18
U.S.C. § 3583(e)(3) (maximum revocation prison term is 5 years if underlying offense
is Class A felony); 21 U.S.C. § 841(b)(1)(A) (maximum supervised release term is
life); and the district court noted that it had considered the 18 U.S.C. § 3553(a)
factors, see United States v. White Face, 383 F.3d 733, 740 (8th Cir. 2004).
Accordingly, we affirm the judgment, and we grant counsel’s motion to
withdraw.
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