United States of America v. Jeffery Scott Kuster

United States Court of Appeals
For the Eighth Circuit
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No. 23-1003
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jeffery Scott Kuster
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: April 21, 2023
Filed: April 26, 2023
[Unpublished]
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Before LOKEN, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Jeffery Scott Kuster appeals after the district court1 revoked his supervised
release and sentenced him to 12 months in prison and 24 months of supervised
1 The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.

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release. His counsel has moved for leave to withdraw and filed a brief challenging
the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
This court concludes that the district court did not abuse its discretion in
sentencing Kuster. 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. Perkins, 526 F.3d
1107, 1110 (8th Cir. 2008) (district court need not make specific findings on
§ 3553(a) factors; all that is generally required to satisfy appellate court is evidence
that court was aware of relevant factors). The sentence was within the advisory
Guidelines range and below the statutory limit. See 18 U.S.C. § 3583(e)(3)
(maximum revocation prison term is 5 years for Class A felony); 21 U.S.C.
§ 841(b)(1)(A) (maximum supervised release term is life); Perkins, 526 F.3d at 1110
(revocation sentence within Guidelines range is accorded presumption of
reasonableness on appeal).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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