United States v. Cortez Kellum ( 2020 )

United States Court of Appeals
For the Eighth Circuit
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No. 20-1200
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Cortez Lamar Kellum
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: June 9, 2020
Filed: June 12, 2020
[Unpublished]
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Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges.
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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.
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1
The Honorable Robert W. Pratt, United States District Judge for the Southern
District of Iowa.
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