United States v. James Hubbell ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-1801
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
James Paul Hubbell
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Eastern
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Submitted: October 15, 2024
Filed: October 21, 2024
[Unpublished]
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Before LOKEN, SMITH, and KOBES, Circuit Judges.
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PER CURIAM.
James Paul Hubbell appeals after the district court1 revoked his supervised
release and sentenced him to 24 months in prison and 36 months of supervised
1
The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
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, 916 (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 sentence was
within the statutory limits. See 18 U.S.C. § 3583(e)(3) (maximum revocation prison
term is 2 years if underlying offense is Class C felony); 21 U.S.C. § 841(b)(1)(C)
(term of supervised release is life); see also United States v. Morin, 95 F.4th 592, 595
(8th Cir. 2024).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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