Defendant appealed the top-of-the-Guidelines sentence imposed following the third revocation of his supervised release following a conviction for failure to register as a sex offender. Defendant challenged the substantive reasonableness of his revocation sentence, arguing that the district court failed to properly weigh the mitigating circumstances of his age, health problems, and chronic homelessness.
Where the district court considered defendant’s mitigating circumstances and weighed them against his repeated violations of his supervised release, there was no abuse of sentencing discretion to sentence defendant at the top of the range.
Judgment is affirmed.
U.S. v. Bald Eagle (MLW No. 79953/Case No. 22-3630 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Schreier, J.