United States of America v. Dale Martin, Jr.

23-1365Court of Appeals for the Eighth Circuit31 mars 2025

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3183
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dale Martin, Jr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota
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Submitted: March 5, 2025
Filed: March 21, 2025
[Unpublished]
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Before SMITH, SHEPHERD, GRASZ, Circuit Judges.
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PER CURIAM.
Dale Martin, Jr. appeals after the district court1 revoked his supervised release
and sentenced him to a prison term of 12 months and one day, with no supervised
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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release to follow. His counsel has moved to withdraw and has filed a brief
challenging the sentence as substantively unreasonable.
After reviewing the record, we conclude the district court did not abuse its
discretion in imposing the sentence. See United States v. Valure, 835 F.3d 789, 790
(8th Cir. 2016) (reviewing revocation sentence for abuse of discretion). The court
considered the relevant factors and did not give significant weight to an improper
factor or commit a clear error in weighing the factors. See United States v. Larison,
432 F.3d 921, 923-24 (8th Cir. 2006). The sentence was also statutorily permissible.
See 18 U.S.C. § 3583(e)(3). Accordingly, we grant counsel’s motion to withdraw,
and affirm.
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