United States v. Kierre Balark ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2399
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kierre Martell Balark
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: November 8, 2024
Filed: November 14, 2024
[Unpublished]
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Before SMITH, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Kierre Balark appeals the above-Guidelines-range sentence the district court1
imposed after revoking his supervised release. His counsel has moved to withdraw,
and has filed a brief arguing that the sentence is substantively unreasonable.
We conclude that the district court did not impose an unreasonable sentence
upon revocation of Balark’s supervised release. See United States v. Miller, 557 F.3d
910, 917 (8th Cir. 2009) (standard of review). 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 in weighing the relevant
factors. See United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006) (revocation
sentence may be unreasonable if district court fails to consider relevant factor, gives
significant weight to improper or irrelevant factor, or commits clear error of
judgment); see also United States v. Michels, 49 F.4th 1146, 1149 (8th Cir. 2022)
(sentence above Guidelines range was not abuse of discretion).
Accordingly, we grant counsel leave to withdraw, and we affirm the judgment.
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1
The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
-2-