United States v. Thomas Drumgold, II ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-3636
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Thomas Hannibal Drumgold, II,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: March 17, 2023
Filed: March 23, 2023
[Unpublished]
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Before COLLOTON, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Thomas Drumgold, II appeals after the district court1 revoked his supervised
release and sentenced him to a term of 12 months and 1 day in prison, followed by 24
1
The Honorable Daniel L. Hovland, United States District Judge for the District
of North Dakota.
months of supervised release. His counsel has moved to withdraw and filed a brief
arguing that the sentence is substantively unreasonable.
Upon careful review, to conform to the statutory maximum punishment, we
order the judgment amended as follows: Drumgold’s revocation prison sentence
remains 12 months and 1 day, but his term of supervised release will be 24 months
minus 1 day. See 18 U.S.C. § 3583(h). We affirm the judgment in all other respects.
Drumgold’s sentence was not unreasonable, as there is no indication that the district
court overlooked a relevant factor, gave significant weight to an improper or
irrelevant factor, or committed a clear error of judgment in weighing the relevant
factors. See United States v. Larison, 432 F.3d 921, 922-23 (8th Cir. 2006); see also
United States v. Elodio-Benitez, 672 F.3d 584, 586 (8th Cir. 2012). We also grant
counsel’s motion to withdraw.
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