United States v. Kenneth Everett ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2400
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kenneth Corvel Everett
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: October 30, 2024
Filed: November 8, 2024
[Unpublished]
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Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Kenneth Everett appeals after the district court1 revoked his supervised release
and sentenced him to 21 months in prison and no term of supervised release. His
1
The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.
counsel has moved for leave to withdraw, and has filed a brief challenging the
revocation sentence as substantively unreasonable.
After careful review of the record, we conclude that the district court did not
abuse its discretion in sentencing Everett, as it properly considered the 18 U.S.C.
§ 3553(a) factors; there was no indication that it overlooked a relevant factor, or
committed a clear error of judgment in weighing relevant factors; and the sentence
was below the statutory limit. See 18 U.S.C. § 3583 (maximum revocation prison
term is 2 years for Class C felony); United States v. Miller, 557 F.3d 910, 915-18 (8th
Cir. 2009) (substantive reasonableness of revocation sentence is reviewed under
deferential abuse-of-discretion standard); see also United States v. Larison, 432 F.3d
921, 922-24 (8th Cir. 2006) (revocation sentence may be unreasonable if district court
fails to consider relevant § 3553(a) factor, gives significant weight to improper or
irrelevant factor, or commits clear error of judgment).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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