United States of America v. Richard James Smith

United States Court of Appeals
For the Eighth Circuit
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No. 25-2167
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Richard James Smith
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: September 10, 2025
Filed: September 15, 2025
[Unpublished]
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Before LOKEN, GRUENDER, and ERICKSON, Circuit Judges.
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PER CURIAM.
Richard Smith appeals the sentence the district court1 imposed upon revoking
his supervised release for the third time. On appeal, he challenges the within-
Guidelines 9-month prison term as substantively unreasonable.
Following careful review, we conclude that the district court considered
Smith’s pattern of admitted noncompliance with supervision in imposing a slightly
longer prison term than previously imposed, with no term of supervision to follow,
and we see 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 18 U.S.C. §§ 3553(a) (factors),
3583(e)(3) (statutory limits); United States v. Miller, 557 F.3d 910, 917 (8th Cir.
2009) (standard of review).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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1The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.
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