DocketNumber： 19-3240
Filed Date： 3/26/2020
Status： Non-Precedential
Modified Date： 3/26/2020
United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3240 ___________________________ United States of America Plaintiff - Appellee v. Richard W. Whitsitt Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: March 23, 2020 Filed: March 26, 2020 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Richard Whitsitt appeals the sentence the district court1 imposed upon revoking his supervised release. Pursuant to Anders v. California,386 U.S. 738
(1967), his 1 The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri. counsel moved for leave to withdraw and filed a brief arguing that the sentence is substantively unreasonable. On review, we conclude that the district court did not impose an unreasonable sentence. See United States v. Miller,557 F.3d 910
, 915–18 (8th Cir. 2009) (appellate court first ensures no significant procedural error occurred, then considers substantive reasonableness of sentence under deferential abuse-of-discretion standard). The court considered the18 U.S.C. § 3553
(a) factors, provided appropriate reasons for its decision, and imposed a sentence below the statutory maximum. 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);18 U.S.C. § 3583
(e)(3) (maximum prison term upon revocation is 2 years for Class C felony). Accordingly, we grant counsel’s motion to withdraw and affirm. ______________________________ -2-