Opinion
No. 20-3469
05-10-2021
United States of America Plaintiff - Appellee v. Elmer Lee Wells, Jr. Defendant - Appellant
Appeal from United States District Court for the Southern District of Iowa - Eastern [Unpublished] Before COLLOTON, BENTON, and STRAS, Circuit Judges. PER CURIAM.
Elmer Wells, Jr., appeals a within-Guidelines-range sentence of 21 months in prison for violating the conditions of supervised release. He challenges the substantive reasonableness of the sentence, and his attorney seeks permission to withdraw.
We conclude that Wells's sentence is substantively reasonable. See United States v. Miller, 557 F.3d 910, 917 (8th Cir. 2009) (reviewing the reasonableness of a revocation sentence for an abuse of discretion); United States v. Perkins, 526 F.3d 1107, 1110 (8th Cir. 2008) (stating that a within-Guidelines-range sentence is presumptively reasonable). The record establishes that the district court sufficiently considered the statutory sentencing factors, 18 U.S.C. §§ 3553(a), 3583(e)(3), and did not rely on an improper factor or commit a clear error of judgment. See United States v. Larison, 432 F.3d 921, 923-24 (8th Cir. 2006). Accordingly, we affirm the judgment and grant counsel permission to withdraw.
The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.