United States v. Herman Baylor ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2374
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Herman Terrill Baylor
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 16, 2024
Filed: October 21, 2024
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Herman Baylor appeals after the district court1 revoked his supervised release
and sentenced him to 14 months in prison and 22 months of supervised release. His
1
The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
counsel has moved to withdraw and has filed a brief challenging the substantive
reasonableness of the sentence.
We conclude that the district court did not abuse its discretion in sentencing
Baylor, as there is no indication that the court failed to consider a relevant factor,
gave significant weight to an improper or irrelevant factor, or committed a clear error
of judgment. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009)
(discussing abuse-of-discretion review for the substantive reasonableness of a
revocation sentence). Moreover, the sentence is within the advisory Guidelines
range. See United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (stating that
on appeal, a within-Guidelines-range revocation sentence is presumed reasonable).
Accordingly, we grant counsel’s motion to withdraw and affirm.
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