United States of America v. Brandon Lee Hayes

United States Court of Appeals
For the Eighth Circuit
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No. 24-2835
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brandon Lee Hayes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: February 26, 2025
Filed: March 4, 2025
[Unpublished]
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Before GRUENDER, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Brandon Hayes appeals after the district court1 revoked his supervised release
and sentenced him to 9 months in prison and 2 years of supervised release. His
1The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.

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counsel has moved to withdraw and has filed a brief arguing that the district court
abused its discretion by revoking Hayes’s supervised release and imposing a
substantively unreasonable sentence.
We conclude that the district court did not abuse its discretion in revoking
Hayes’s supervised release. See United States v. Miller, 557 F.3d 910, 914 (8th Cir.
2009) (reviewing decision to revoke supervised release for abuse of discretion);
United States v. Kaniss, 150 F.3d 967, 968-69 (8th Cir. 1998). We also conclude that
the district court did not abuse its discretion in sentencing Hayes, as there is no
indication that the court failed to consider a relevant factor, gave significant weight
to an improper or irrelevant factor, or committed a clear error of judgment. See
Miller, 557 F.3d at 917 (discussing abuse-of-discretion review for the substantive
reasonableness of a revocation sentence). Moreover, the sentence is within the
advisory Guidelines range. See United States v. Perkins, 526 F.3d 1107, 1110 (8th
Cir. 2008) (stating that on appeal, a within-Guidelines-range revocation sentence is
presumed reasonable).
Accordingly, we grant counsel’s motion to withdraw and affirm.
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