United States v. Andre Jones, Jr. ( 2021 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-2860
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Andre Darrell Jones, Jr.
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: December 6, 2021
Filed: December 9, 2021
[Unpublished]
____________
Before KELLY, ERICKSON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Andre Darrell Jones, Jr., appeals the sentence the district court1 imposed after
revoking his supervised release. His counsel has moved to withdraw and has filed a
1
The Honorable John A. Jarvey, Chief Judge, United States District Court for
the Southern District of Iowa.
brief challenging the substantive reasonableness of the sentence. Jones has filed a
motion for the appointment of new appellate counsel.
After reviewing the record under a deferential abuse-of-discretion standard, we
conclude the district court did not impose a substantively unreasonable sentence. See
United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (standard of review). The
record reflects the district court sufficiently considered the relevant statutory
sentencing factors and did not overlook a relevant factor, give significant weight to
an improper or irrelevant factor, or commit a clear error of judgment in weighing
relevant factors. See 18 U.S.C. § 3583(e); Miller, 557 F.3d at 917; United States v.
White Face, 383 F.3d 733, 740 (8th Cir. 2004). The sentence is also within both the
statutory limits and the advisory range of the Sentencing Guidelines. See 18 U.S.C.
§ 3583(b)(2), (e)(3), (h); United States v. Petreikis, 551 F.3d 822, 824-25 (8th Cir.
2009).
Accordingly, we deny Jones’s motion for the appointment of new counsel, we
affirm the judgment, and we grant counsel’s motion to withdraw.
______________________________
-2-