United States v. Nyakuoth Mach ( 2024 )

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[Unpublished]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.
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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