23-3440•United States of America v. Thow Deng Liem
23-3440Court of Appeals for the Eighth Circuit31 de dez. de 2024
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2524
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Thow Deng Liem
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Central
____________
Submitted: November 26, 2024
Filed: December 5, 2024
[Unpublished]
____________
Before SMITH, ERICKSON, and KOBES, Circuit Judges.
____________
PER CURIAM.
Thow Deng Liem appeals after the district court1 revoked his supervised
release and sentenced him to 11 months in prison and 13 months of supervised
1The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
-- 1 of 2 --
release. His counsel has moved for leave to withdraw and has filed a brief
challenging the substantive reasonableness of the sentence.
We conclude that the sentence was not an abuse of discretion. See United
States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (standard of review). There is no
indication that the district court failed to consider a relevant factor, gave significant
weight to an improper or irrelevant factor, or committed a clear error of judgment in
weighing the relevant factors. See United States v. Larison, 432 F.3d 921, 923 (8th
Cir. 2006) (considerations for reasonableness of sentence). Further, the revocation
sentence is within the Guidelines range and afforded a presumption of reasonableness
on appeal. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008)
(sentence within the Guidelines range is accorded a presumption of substantive
reasonableness on appeal).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
______________________________
-2-
-- 2 of 2 --
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.