United States of America v. Justin Hemkens

United States Court of Appeals
For the Eighth Circuit
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No. 23-1163
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Justin Hemkens
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri
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Submitted: July 5, 2023
Filed: August 11, 2023
[Unpublished]
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Before KELLY, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Justin Hemkens appeals after the district court1 revoked his supervised release
and sentenced him to 7 months in prison and 10 years of supervised release. On
1The Honorable Stephen R. Clark, Chief Judge, United States District Court for
the Eastern District of Missouri.

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appeal, Hemkens argues the district court erred in finding he had violated the terms
of his supervision.
Upon careful review, we conclude the district court did not err in finding
Hemkens violated at least one of the terms of his supervised release. See 18 U.S.C.
§ 3583(e)(3) (allowing court to revoke supervised release if it finds by preponderance
of evidence that a defendant violated a condition of supervised release); United States
v. Miller, 557 F.3d 910, 913-14 (8th Cir. 2009) (reviewing decision to revoke
supervised release for abuse of discretion and underlying factual findings as to
whether a violation occurred for clear error; district court need only find a single
violation to revoke a defendant’s supervised release).
Accordingly, we affirm.
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