United States of America v. Charles Glen Harrington

United States Court of Appeals
For the Eighth Circuit
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No. 23-2666
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Charles Glen Harrington
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: October 31, 2023
Filed: November 3, 2023
[Unpublished]
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Before LOKEN, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Charles Harrington appeals after the district court1 revoked his supervised
release and sentenced him to 6 months in prison and 60 months of supervised release.
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

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His counsel has moved to withdraw, and has filed a brief challenging one of the
violations and the revocation sentence.
Upon careful review, we conclude the district court did not err in finding that
Harrington violated the terms of his supervised release by failing to notify the Iowa
Sex Offender Registry about the cell phone he had obtained and the accounts that he
had created on Facebook and Gmail using that device. See 18 U.S.C. § 3583(e)(3);
United States v. Miller, 557 F.3d 910, 913-14 (8th Cir. 2009) (standard of review).
We also conclude the district court did not abuse its discretion in sentencing
Harrington, as it properly considered the 18 U.S.C. § 3553(a) factors; 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) (standard of review); see also United States v. White Face, 383 F.3d 733,
740 (8th Cir. 2004); and the sentence was within the advisory Guidelines range, and
below the statutory limit, see 18 U.S.C. § 3583(e)(3); 21 U.S.C. § 841(b)(1)(B).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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