Opinion
23-1443
07-12-2023
United States of America Plaintiff-Appellee v. Larry Todt Defendant-Appellant
Unpublished
Submitted: July 7, 2023
Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau
Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
PER CURIAM
Larry Todt appeals after the district court revoked his supervised release and imposed a term of imprisonment, with no supervised release to follow. His counsel has moved to withdraw and filed a brief challenging the substantive reasonableness of the sentence.
The Honorable Matthew T. Schelp, United States District Judge for the Eastern District of Missouri.
After reviewing the record under a deferential abuse-of-discretion standard of review, see United States v. Miller, 557 F.3d 910, 915-16 (8th Cir. 2009), we conclude the district court did not impose a substantively unreasonable sentence. The sentence was within the statutory maximums. See 18 U.S.C. § 3583(e)(3). The court also sufficiently considered the statutory sentencing factors and did not overlook a relevant factor, give significant weight to an improper or irrelevant factor, or commit a clear error of judgment in weighing relevant factors. See id. § 3583(e); Miller, 557 F.3d at 917; see also United States v. McGhee, 869 F.3d 703, 707 (8th Cir. 2017) (per curiam). Todt's disagreement with how the court weighed those factors is insufficient to show an abuse of discretion on this record. See United States v. Vaca, 38 F.4th 718, 724 (8th Cir. 2022).
Accordingly, we affirm the judgment and grant counsel's motion to withdraw.