United States v. Rodney Hunt ( 2022 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 21-2178
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Rodney Lee Hunt
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Central
    ____________
    Submitted: February 18, 2022
    Filed: March 9, 2022
    [Unpublished]
    ____________
    Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Rodney Hunt appeals after the district court1 revoked his supervised release and
    sentenced him to 24 months in prison and 6 months of supervised release. On appeal,
    Hunt argues that the district court relied on a mistake of fact in setting his sentence.
    1
    The Honorable Leonard T. Strand, Chief Judge, United States District Court
    for the Northern District of Iowa.
    Upon careful review, we conclude that--while the district court referred to the
    3-year supervised release term Hunt was serving as a 5-year term--the record
    indicates that the revocation sentence was based on the aggravating and mitigating
    factors the court discussed in depth, rather than the length of Hunt’s prior term of
    supervised release. See United States v. Moore, 
    565 F.3d 435
    , 437 (8th Cir. 2009)
    (unobjected-to procedural sentencing error is reviewed under plain error standard);
    United States v. Chauncey, 
    420 F.3d 864
    , 878 (8th Cir. 2005) (where the effect of the
    error on the result in the district court is uncertain, indeterminate, or speculative, the
    appellant has not met his burden of showing a reasonable probability that the result
    would have been different but for the error).
    Accordingly, we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 21-2178

Filed Date: 3/9/2022

Precedential Status: Non-Precedential

Modified Date: 3/9/2022