United States v. Cortez Kellum

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1200 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Cortez Lamar Kellum lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: June 9, 2020 Filed: June 12, 2020 [Unpublished] ____________ Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Cortez Kellum appeals a below-Guidelines-range sentence of 6 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 Kellum’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). 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 Robert W. Pratt, United States District Judge for the Southern District of Iowa. -2-