United States of America v. Levi Farren Miller

United States Court of Appeals
For the Eighth Circuit
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No. 26-1177
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Levi Farren Miller
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Eastern
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Submitted: August 5, 2026
Filed: August 12, 2026
[Unpublished]
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Before ERICKSON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Levi Miller appeals after the district court1 revoked his supervised release and
sentenced him to 9 months in prison and 1 year of supervised release. On appeal, he
1The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.

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challenges the district court’s finding that he violated the conditions of his supervised
release and the substantive reasonableness of the revocation sentence.
Having carefully reviewed the record, we conclude that the district court did
not clearly err in finding a preponderance of the evidence showed Miller violated his
conditions of supervised release. See 18 U.S.C. § 3583(e)(3) (court may revoke
supervised release if it finds by preponderance of evidence that defendant violated
condition of supervised release); United States v. Miller, 557 F.3d 910, 914 (8th Cir.
2009) (reviewing revocation decision for abuse of discretion and finding as to
whether violation occurred for clear error). We also conclude that the district court
did not abuse its discretion in sentencing Miller. See Miller, 557 F.3d at 917
(reviewing substantive reasonableness of revocation sentence for abuse of discretion);
United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (revocation sentence may
be unreasonable if district court fails to consider a relevant factor, gives significant
weight to improper or irrelevant factor, or commits clear error of judgment); United
States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (within-Guidelines-range
revocation sentence is accorded presumption of reasonableness on appeal).
Accordingly, we affirm.
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