United States v. Terry Holmes

United States Court of Appeals
For the Eighth Circuit
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No. 23-1526
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Terry Lee Holmes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: June 28, 2023
Filed: July 3, 2023
[Unpublished]
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Before KELLY, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Terry Holmes appeals after the district court1 revoked his supervised release
and sentenced him to 18 months in prison followed by 10 years of supervised release.
1
The Honorable Beth Phillips, Chief Judge, United States District Court for the
Western District of Missouri.
His counsel has requested leave to withdraw, and has filed a brief challenging the
substantive reasonableness of the revocation sentence.
Upon careful review, we conclude that the sentence was not unreasonable, as
there is no indication that the district court overlooked 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. Miller, 557 F.3d 910,
917 (8th Cir. 2009) (substantive reasonableness of revocation sentence is reviewed
under deferential abuse-of-discretion standard); and the sentence was below the
advisory Guidelines range and the statutory maximum, see 18 U.S.C. § 3583(e)(3).
Accordingly, we grant counsel leave to withdraw, and affirm.
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