United States v. Zewayne Durley, No. 22-1588 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Benton, and Stras, Circuit Judges] Criminal case - Sentence. Sentence imposed upon the revocation of defendant's supervised release was not substantively unreasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1588 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Zewayne L. Durley lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: June 28, 2022 Filed: July 1, 2022 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Zewayne Durley appeals a 12-month sentence he received 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 the 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 1 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. ______________________________ 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. -2-
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