United States of America v. David Byron Thompson

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3375
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
David Byron Thompson
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: April 19, 2024
Filed: April 26, 2024
[Unpublished]
____________
Before GRUENDER, ERICKSON, and KOBES, Circuit Judges.
____________
PER CURIAM.
David Thompson appeals the sentence the district court1 imposed after
revoking his supervised release. His counsel has moved to withdraw, and has filed
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

-- 1 of 2 --

a brief arguing that the district court abused its discretion in ordering the revocation
sentence to run consecutively to a sentence imposed on a new charge.
We conclude that the district court did not abuse its discretion in imposing a
consecutive sentence upon revocation of Thompson’s supervised release. See United
States v. Valure, 835 F.3d 789, 790-91 (8th Cir. 2016) (standard of review). The
court considered the factors listed in 18 U.S.C. § 3553(a), and did not err in weighing
the relevant factors. See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006)
(revocation sentence may be unreasonable if district court fails to consider relevant
§ 3553(a) factor, gives significant weight to improper or irrelevant factor, or commits
clear error of judgment); see also 18 U.S.C. § 3584 (district court may impose
consecutive or concurrent sentences and shall consider § 3553(a) factors).
Accordingly, we grant counsel leave to withdraw, and we affirm.
______________________________
-2-

-- 2 of 2 --