United States of America v. Nyakuoth Duop Mach

United States Court of Appeals
For the Eighth Circuit
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No. 23-3711
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nyakuoth Duop Mach
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: March 15, 2024
Filed: April 19, 2024
[Unpublished]
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Before SHEPHERD, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.
Nyakuoth Mach appeals following the district court’s revocation of her
probation. Her counsel has moved to withdraw and has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), arguing that the revocation sentence is
substantively unreasonable.

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Upon careful review, we vacate the revocation sentence, and remand the matter
for resentencing, as the record does not indicate that the district court considered
Chapter 7 of the Sentencing Guidelines in imposing the sentence. See United States
v. Michael, 909 F.3d 990, 993-94 (8th Cir. 2018) (per curiam) (upon revoking
probation, court is required to consider Chapter 7 of Sentencing Guidelines in
determining appropriate sentence). While we express no opinion as to the
reasonableness of imposing a sentence within the Guidelines range calculated at the
initial sentencing, on remand, the district court is directed to also consider Chapter
7. See USSG § 7B1.4(a) (revocation imprisonment table). Counsel’s motion to
withdraw is denied.
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