United States v. Rahmaan El Herman

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1870
___________________________
United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Rahmaan Manzar El Herman,
lllllllllllllllllllllDefendant - Appellant.
____________
Appeal from United States District Court
for the Northern District of Iowa - Western
____________
Submitted: August 29, 2023
Filed: August 31, 2023
[Unpublished]
____________
Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
____________
PER CURIAM.
Rahmaan El Herman appeals after the district court1 revoked his supervised
release and sentenced him, below the advisory sentencing guideline range, to 12
1
The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.
months and a day in prison, followed by 1 year of supervised release. His counsel has
moved for leave to withdraw and filed a brief challenging the revocation sentence.
Upon careful review, we conclude that the district court did not abuse its
discretion in sentencing El Herman below the guideline range. There is no indication
that the court gave significant weight to an improper or irrelevant factor or committed
clear error of judgment in weighing the relevant factors. See United States v. Miller,
557 F.3d 910, 915-18 (8th Cir. 2009); United States v. Larison, 432 F.3d 921, 922-24
(8th Cir. 2006); see also United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009).
The revocation sentence was below the statutory maximum. See 18 U.S.C.
§ 3583(e)(3), (h).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
______________________________
-2-