United States of America v. Anthony Davis, also known as Anthony Dawayne Randolph, also known as Anthony Latice…

United States Court of Appeals
For the Eighth Circuit
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No. 22-3576
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United States of America
Plaintiff - Appellee
v.
Anthony Davis, also known as Anthony Dawayne Randolph, also known as
Anthony Latice Randolph, also known as John Duke
Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: March 9, 2023
Filed: March 14, 2023
[Unpublished]
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Before BENTON, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.

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Anthony Davis appeals the above-Guidelines sentence the district court1
imposed upon revoking his supervised release. Having jurisdiction under 28 U.S.C.
§ 1291, this court affirms.
Davis’s counsel has moved for leave to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively
unreasonable. This court concludes that the district court did not impose a
substantively unreasonable sentence. 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); United States v. Feemster, 572 F.3d
455, 464 (8th Cir. 2009) (en banc) (“it will be the unusual case when we reverse a
district court sentence--whether within, above, or below the applicable Guidelines
range--as substantively unreasonable”). The record reflects that the district court
adequately considered the 18 U.S.C. § 3553(a) factors. See United States v. Larison,
432 F.3d 921, 923 (8th Cir. 2006) (revocation sentence may be unreasonable if court
fails to consider relevant factor, gives significant weight to improper or irrelevant
factor, or commits clear error of judgment). Additionally, the revocation sentence
was within the statutory maximum. See 18 U.S.C. §§ 3583(e)(3) (maximum
revocation prison term is 5 years if underlying offense is Class A felony), (b)(1)
(statutory maximum supervised release term for Class A offense of conviction is 5
years), (h) (length of new supervised-release term shall not exceed term authorized
by statute for offense of conviction, less revocation prison terms).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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1 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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