United States v. Larry Todt ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-1443
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Larry Todt
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: July 7, 2023
Filed: July 12, 2023
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Larry Todt appeals after the district court1 revoked his supervised release and
imposed a term of imprisonment, with no supervised release to follow. His counsel
1
The Honorable Matthew T. Schelp, United States District Judge for the
Eastern District of Missouri.
has moved to withdraw and filed a brief challenging the substantive reasonableness
of the sentence.
After reviewing the record under a deferential abuse-of-discretion standard of
review, see United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009), we
conclude the district court did not impose a substantively unreasonable sentence. The
sentence was within the statutory maximums. See 18 U.S.C. § 3583(e)(3). The court
also sufficiently considered the 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 id. § 3583(e); Miller, 557
F.3d at 917; see also United States v. McGhee, 869 F.3d 703, 707 (8th Cir. 2017) (per
curiam). Todt’s disagreement with how the court weighed those factors is insufficient
to show an abuse of discretion on this record. See United States v. Vaca, 38 F.4th
718, 724 (8th Cir. 2022).
Accordingly, we affirm the judgment and grant counsel’s motion to withdraw.
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