United States of America v. Brien Leroy Watson, Jr., also known as Brian Watson

20-1960Court of Appeals for the Eighth Circuit30 lug 2021

Testo completo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-1536
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brien Leroy Watson, Jr., also known as Brian Watson
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Central
____________
Submitted: July 16, 2021
Filed: July 21, 2021
[Unpublished]
____________
Before SHEPHERD, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.

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Brien Watson appeals after the district court1 revoked his supervised release
and sentenced him to 11 months in prison. His counsel has moved for leave to
withdraw, and has filed a brief challenging the sentence.
After careful review of the record, we conclude that the district court did not
abuse its discretion in sentencing Watson, as it properly considered the applicable 18
U.S.C. § 3553(a) factors, see 18 U.S.C. § 3583(e); there was no indication that it
overlooked a relevant factor, or committed a clear error of judgment in weighing
relevant factors, see United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009)
(substantive reasonableness of revocation sentence is reviewed under deferential
abuse-of-discretion standard); see also United States v. White Face, 383 F.3d 733,
740 (8th Cir. 2004) (district court need not mechanically list every § 3553(a) factor
when sentencing defendant upon revocation; all that is required is consideration of
relevant matters and some reason for court’s decision); and the sentence was within
the advisory Guidelines range, and below the statutory limit, see 18 U.S.C.
§ 3583(e)(3).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
______________________________
1The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
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