At page 367 Reviewing revocation sentences under abuse of discretion standard13 citing casesreviewing a revocation sentence for an abuse of discretion
- United States v. Steven Bruhn, 178 F.4th 1170 (8th Cir. 2026).published We normally “review the district court’s revocation sentencing decision under the same deferential-abuse-of-discretion standard that applies to initial sentencing proceedings.” United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021) (cit…
- United States v. Edgar Pratt, 142 F.4th 1090 (8th Cir. 2025).publishedGenerally, “[w]e review the district court’s revocation sentencing decision ‘under the same “deferential-abuse-of-discretion” standard that applies to initial sentencing proceedings.’” United States v. Clark, 998 F.3d 363, 367 (8th Cir. 20…
- United States v. Jeffrey Perry, No. 22-2476 (8th Cir. May 8, 2023).unpublishedOur analysis is performed in two steps: first, we review for significant procedural error; and if there is none, for substantive reasonableness.” United States v. Clark, -5- 998 F.3d 363, 367 (8th Cir. 2021) (cleaned up).
- United States v. Donald Crane, No. 22-1849 (8th Cir. Oct. 24, 2022).unpublished“We review the district court’s revocation sentencing decision under the same deferential-abuse-of-discretion standard that applies to initial sentencing proceedings.” United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021) (internal quo…
- United States v. Troy Barnes, No. 21-2013 (8th Cir. Apr. 26, 2022).unpublished“We review the district court’s revocation sentencing decision under the same deferential-abuse-of-discretion standard that applies to initial sentencing proceedings.” United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021) (internal quo…
- United States v. Belinda Heastan, No. 21-1911 (8th Cir. Apr. 8, 2022).unpublished United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021); see also Gall, 552 U.S. at 51 .
- United States v. Marion Wise, III, 17 F.4th 785 (8th Cir. 2021).published“Our analysis is performed in two steps: ‘first, [we review] for significant procedural error; and if there is none, for substantive reasonableness.’” United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021) (alteration in original) (cita…
- United States v. Kevin Thomas, Jr., No. 24-1116 (8th Cir. June 3, 2025).unpublished (reviewing for an abuse of discretion)
- United States v. Cory Baker, No. 24-1422 (8th Cir. June 2, 2025).unpublished (reviewing a revocation sentence for an abuse of discretion)
- United States v. Shelton Lewis, No. 23-3209 (8th Cir. May 24, 2024).unpublished (reviewing a revocation sentence for an abuse of discretion)
Show 3 more citing cases
- United States v. Michael Weitzel, No. 23-3100 (8th Cir. May 21, 2024).unpublished (reviewing a revocation sentence for an abuse of discretion)
- United States v. Adrian Weems, No. 23-3229 (8th Cir. Mar. 8, 2024).unpublished (reviewing a revocation sentence for an abuse of discretion)
- United States v. Jeremy Wind, No. 21-3135 (8th Cir. May 19, 2022).unpublished(explaining that, even though the defendant did not frame -3- his argument as such, his claim that the district court failed to provide an adequate explanation for its sentence was procedural in nature)
At page 369 Reviewing substantive reasonableness of sentencing decisions12 citing casesfinding that an upward variance of 400% from the bottom of the defendant’s Guidelines range was substantively reasonable
- United States v. David Larvie, Jr., No. 24-2221 (8th Cir. July 29, 2025).unpublished“The court weighed the relevant information differently than [Larvie] would have hoped . . . but there was no ‘clear error of judgment.’” United States v. Scherer, 114 F.4th -3- 987, 993 (8th Cir. 2024) (quoting United States v. Clark, 998…
- United States v. Terry Young, No. 23-3705 (8th Cir. Feb. 14, 2025).unpublished“We afford the court wide latitude to weigh the § 3553(a) factors in each case and assign some factors greater weight than others in determining an appropriate sentence.” United States v. Scherer, 114 F.4th 987 , 993 (8th Cir. 2024) (quoti…
- United States v. Lorenzo Tucker, No. 23-1687 (8th Cir. Mar. 4, 2024).unpublishedA sentence is substantively unreasonable if it “fails to consider a relevant [ 18 U.S.C. § 3553 (a)] factor that should have received significant weight, gives significant weight to an improper or irrelevant factor, or considers only the a…
- United States v. Deandre Davis, No. 23-1843 (8th Cir. Feb. 28, 2024).unpublishedUnited States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021).
- United States v. Anthony Jones, No. 23-2290 (8th Cir. Feb. 8, 2024).unpublished (finding that an upward variance of 400% from the bottom of the defendant’s Guidelines range was substantively reasonable)
- United States v. Dayne Sitladeen, 64 F.4th 978 (8th Cir. 2023).publishedUnited States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021).
- United States v. Samuel Steward, No. 21-3441 (8th Cir. Mar. 7, 2022).unpublished See Tapia, 564 U.S. at 334 (explaining that a district court does not err by discussing opportunities for rehabilitation within prison and may urge the Bureau of Prisons to place a defendant in a prison treatment program); Clark, 998 F.3d…
- United States v. Oscar Navarro-Zepeda, No. 25-1269 (8th Cir. Mar. 19, 2026).unpublishedSee United States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021); see also United States v. McKanry, 628 F.3d 1010, 1022 (8th Cir. 2011) (explaining that “it is nearly inconceivable” that a refusal to vary downward further would be reversed (…
- United States v. Cody Gibbs, No. 24-3493 (8th Cir. Mar. 17, 2026).unpublishedSee United States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021).
- United States v. Kippie House, No. 24-2292, 24-2316 (8th Cir. Feb. 11, 2026).unpublishedSee United States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021).
Show 2 more citing cases
- United States v. William Toombs, Jr., No. 23-1211 (8th Cir. Oct. 6, 2023).unpublishedSee United States v. Clark, 998 F.3d 363, 369 (8th Cir. 2021).
- United States v. Leauna Tobay, No. 22-1898 (8th Cir. Jan. 31, 2023).unpublished(rejecting a “percentage-based argument” because “deviations from the Guidelines range will always appear more extreme—in percentage terms—when the range itself is low” (citation omitted))
At page 368 District court reasoning when imposing sentences11 citing casesIn explaining the sentence, the district court need only set forth enough to satisfy the appellate court that it has considered the parties’ arguments and has a reasoned basis for exercising its own legal decisionmaking authority.” (cleaned up)
- United States v. Margie Shephard, No. 21-1528 (8th Cir. Apr. 4, 2022).unpublished“18 u.s.c. 3583 . . . incorporates the 3553(a) factors relevant for revocation purposes.”
- United States v. Kenneth Simpson, No. 24-2575, 24-2576 (8th Cir. Nov. 6, 2025).unpublished (In explaining the sentence, the district court need only set forth enough to satisfy the appellate court that it has considered the parties’ arguments and has a reasoned basis for exercising its own legal decisionmakin…)
- United States v. Jennifer Haxton, No. 24-2574 (8th Cir. Mar. 13, 2025).unpublishedUnited States v. Clark, 998 F.3d 363, 368 (8th Cir. 2021).
- United States v. Terry Briggs, No. 24-1671 (8th Cir. Feb. 21, 2025).unpublishedUnited States v. Clark, 998 F.3d 363, 368 (8th Cir. 2021).
- United States v. David Twine, 66 F.4th 736 (8th Cir. 2023).publishedSee United States v. Michels, 49 F.4th 1146, 1149 (8th Cir. 2022); United States v. Clark, 998 F.3d 363, 368-69 (8th Cir. 2021).
- United States v. Alan Berger, No. 22-2231 (8th Cir. Dec. 15, 2022).unpublished“A district court abuses its discretion when it (1) ‘fails to consider a relevant factor that should have received significant weight’; (2) ‘gives significant weight to an improper or irrelevant factor’; or (3) ‘considers only the appropri…
- United States v. Maurice Bell, No. 20-3350 (8th Cir. May 20, 2022).unpublished“In explaining the sentence, the district court need only set forth enough to satisfy the appellate court that it has considered the parties’ arguments and has a reasoned basis for exercising its own legal decisionmaking authority.” United…
- United States v. Belinda Heastan, No. 21-1911 (8th Cir. Apr. 8, 2022).unpublished United States v. Clark, 998 F.3d 363, 367 (8th Cir. 2021); see also Gall, 552 U.S. at 51 .
- United States v. Samuel Steward, No. 21-3441 (8th Cir. Mar. 7, 2022).unpublished (reiterating that no plain Tapia error occurs if a district court never expresses an intention to lengthen the sentence for rehabilitative purposes)
- United States v. Kimani Sterling, No. 20-1177 (8th Cir. July 22, 2021).unpublishedUnited States v. Clark, 998 F.3d 363, 368 (8th Cir. 2021).
Show 1 more citing case
- United States v. Lamar Bertucci, 83 F.4th 1086 (8th Cir. 2023).publishedSee United States v. Clark, 998 F.3d 363, 368 (8th Cir. 2021).
At page 370 Justifying upward variance from sentencing guidelines4 citing cases“justified its decision based on the defendant's repeated violations of supervised release, his history and characteristics, and the need to protect the public”
- United States v. Tyler Gunderson, No. 23-1796 (8th Cir. Feb. 8, 2024).unpublished (second and third alterations in original)
- United States v. Anthony Jones, No. 23-2290 (8th Cir. Feb. 8, 2024).unpublished We have repeatedly “rejected this percentage-based argument, noting that deviations -4- from the Guidelines range will always appear more extreme—in percentage terms— when the range itself is low and concluding that the percentage of the v…
- United States v. Louis Hayes, No. 22-2897 (8th Cir. July 10, 2023).unpublishedUnited States v. Clark, 998 F.3d 363, 370 (8th.
- United States v. Jonathan Hope, 140 F.4th 962 (8th Cir. 2025).published(affirming above-Guidelines sentence based on defendant’s “repeated violations of supervised release, his history and characteristics, and the need to protect the public)
At page 366 cited at this page1 citing case
- United States v. Benjamin Higgerson, 166 F.4th 702 (8th Cir. 2026).publishedIn United States v. Clark, for example, we upheld a 24-month sentence for a defendant who failed to report to the Probation Office upon release and violated the rules of his Residential Reentry Center Program, notwithstanding that he -11-…
v.
David Clark
For the Eighth Circuit
No. 20-1172
United States of America
Plaintiff - Appellee
v.
David E. Clark
Defendant - Appellant
Appeal from United States District Court
for the Western District of Missouri - Kansas City
Submitted: January 11, 2021
Filed: May 24, 2021
Before COLLOTON, WOLLMAN, and SHEPHERD, Circuit Judges.
SHEPHERD, Circuit Judge.
David E. Clark appeals the district court’s 1 imposition of a sentence of 24 months imprisonment upon the revocation of his second supervised release. Having jurisdiction under 28 U.S.C. § 1291, we affirm.
his pocket and subsequently refused to complete a urinalysis test. The staff also noted that Clark appeared to take something orally after refusing the urinalysis. Based on these incidents, Clark was discharged on September 27, 2019 before completing the program, and was instructed to immediately report to the Probation Office. Clark failed to report again, 4 and the Probation Office sought a violator’s warrant. Clark’s whereabouts were unknown until November 3, 2019, when he was arrested pursuant to that warrant.
At the revocation hearing, the district court determined that Clark had violated four conditions of his supervised release: (1) failing to report to the Probation Office within 72 hours of his release from custody; (2) failing to follow the instructions of the Probation Office related to the conditions of supervision; (3) failing to successfully participate in a substance abuse testing program; and (4) failing to satisfactorily participate in a RRC Program. The district court found that Clark’s violations were Grade C violations, pursuant to the United States Sentencing Guidelines § 7B1.1, which, when cross-referenced with Clark’s criminal history category of IV, resulted in a range of 6 to 12 months imprisonment. See USSG § 7B1.4. Clark requested a downward variance of 2 to 3 months imprisonment followed by sanctions, such as house arrest. The government requested an upward variance of 24 months imprisonment with no supervised release to follow, citing Clark’s history of noncompliance during supervised release. The district court ultimately sentenced Clark to 24 months imprisonment with no supervised release to follow. In crafting the sentence, the district court cited the factors set forth in 18 U.S.C. § 3583,5 Clark’s unwillingness to comply with supervision, and the need to protect the public.
[*~365–367]II.
Clark raises multiple challenges to his revocation sentence on appeal. “[W]e review the district court’s revocation sentencing decision ‘under the same “deferential-abuse-of-discretion” standard that applies to initial sentencing proceedings.’” United States v. Johnson, 827 F.3d 740, 744 (8th Cir. 2016) (citation omitted). “Our analysis is performed in two steps: ‘first, [we review] for significant procedural error; and if there is none, for substantive reasonableness.’” United States v. Hall, 931 F.3d 694, 696 (8th Cir. 2019) (alteration in original) (citation omitted).
Procedural errors include “failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence—including an explanation for any deviation from the Guidelines range.” Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Miller, 557 F.3d 910, 916 (8th Cir. 2009) (applying the Gall framework in the revocation context). Though he does not frame his argument as such, Clark’s first claim—that the district court failed to adequately explain its upward variance—is procedural in nature. However, if, as here, “an alleged procedural error was not raised in the district court, we review it for plain error.” Hall, 931 F.3d at 696. Accordingly, Clark must show: “(1) there was error, (2) the error was plain, and (3) the error affected his substantial rights.” Miller, 557 F.3d at 916. “In explaining the sentence[,] the district court need only ‘set forth enough to satisfy the appellate court that [it] has considered the parties’ arguments and has a reasoned basis for exercising [its] own legal decisionmaking authority.’” United States v. DeMarrias, 895 F.3d 570, 573 (8th Cir. 2018) (alterations in original) (citation omitted). Further, when revoking the defendant’s supervised release and imposing a new sentence, the district court must consider the relevant § 3553(a) factors incorporated into § 3583(e). See Johnson, 827 F.3d at 745. “The [district] court need not, however, ‘mechanically list every § 3553(a) consideration.’ ‘If it is evident the district court was aware of the relevant factors when imposing the[*~366–368] sentence, we may affirm the sentence without specific findings on each factor.’” DeMarrias, 895 F.3d at 573 (citations omitted).
Here, we are satisfied that the district court adequately explained its reasoning for Clark’s sentence, see id., especially in light of our plain error review. The district court heard arguments from both parties and permitted Clark to speak. Then, the district court referenced Clark’s history of noncompliance with the conditions of his supervised release. “[W]e have repeatedly stated that variances are appropriate based on repeated violations of supervised release . . . .” Hall, 931 F.3d at 698. The district court also mentioned the need to protect the public and the factors set out in 18 U.S.C. § 3583. Clark contends that this explanation was merely conclusory. However, having presided over the entirety of Clark’s proceedings, the district court was well aware of Clark’s criminal history and supervised release violations. See United States v. Torres-Ojeda, 829 F.3d 1027, 1029-30 (8th Cir. 2016) (“Sometimes a judicial [ruling] responds to every argument; sometimes it does not; sometimes a judge . . . rel[ies] upon context and the parties’ prior arguments to make the reasons clear.” (alterations in original) (citation omitted)). Therefore, we find that the district court did not err, much less plainly err, in explaining the basis for its upward variance.
Next, Clark alleges that the district court committed a Tapia6 error by considering Clark’s need for rehabilitation when crafting his sentence; however, because Clark failed to raise this issue before the district court, we again review his claim for plain error. See United States v. Holdsworth, 830 F.3d 779, 783-85 (8th Cir. 2016) (reviewing a forfeited Tapia claim for plain error). “[D]istrict courts may not ‘impose or lengthen a prison sentence to enable an offender to complete a treatment program or otherwise to promote rehabilitation.’” Id. at 784 (citation omitted). However, “[w]e have stated that no plain Tapia error occurs where a district court ‘never expresse[s] an intention to lengthen [a defendant’s] sentence for rehabilitative purposes.’” United States v. Werlein¸ 664 F.3d 1143, 1147 (8th Cir.
[*~367–369]2011) (per curiam) (second and third alterations in original) (citation omitted). “Many potential Tapia errors will not require remand under plain error review.” Holdsworth, 830 F.3d at 785 (citation omitted). Here, nothing in the record indicates that the district court lengthened Clark’s sentence for the purpose of guaranteeing that he could participate in a drug-treatment program. As noted above, it is clear that the district court based Clark’s sentence primarily on his repeated noncompliance with the conditions of his supervised release. The district court’s passing comments regarding rehabilitation constitute nothing more than encouragement for Clark to work on his mental health while in custody. See id. (finding that the district court did not commit a Tapia error when it merely noted the treatment available to the defendant at the facility). Accordingly, we find that the district court did not commit a Tapia error, much less a plain error.
Having found no procedural errors, we next consider Clark’s claim that the district court imposed a substantively unreasonable sentence.
A sentence is substantively unreasonable if the district court “fails to consider a relevant factor that should have received significant weight, gives significant weight to an improper or irrelevant factor, or considers only the appropriate factors but commits a clear error of judgment in weighing those factors.” “We afford the court wide latitude to weigh the § 3553(a) factors in each case and assign some factors greater weight than others in determining an appropriate sentence.” “Just because we might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.” Thus, it is an “unusual case when we reverse a district court sentence— whether within, above, or below the applicable Guidelines range—as substantively unreasonable.”
DeMarrias, 895 F.3d at 573-74 (citations omitted).
First, Clark highlights that his sentence is an upward variance of 400% from the bottom and 200% from the top of his Guidelines range. However, this Court has “previously rejected this percentage-based argument, noting that deviations from the[*~368–370] Guidelines range will always appear more extreme—in percentage terms—when the range itself is low and concluding that the percentage of the variance is thus not sufficient in and of itself to find a defendant’s sentence substantively unreasonable.” United States v. Trung Dang, 907 F.3d 561, 567 (8th Cir. 2018) (citation omitted); see Gall, 552 U.S. at 47 (“We also reject the use of a rigid mathematical formula that uses the percentage of a departure as the standard for determining the strength of the justifications required for a specific sentence.”). Therefore, we find Clark’s sentence was not substantively unreasonable on this basis.
Second, Clark contends generally that the district court made a clear error of judgment in weighing the relevant factors. Specifically, Clark argues that the district court’s reasoning is insufficient to justify a 24-month sentence. We disagree. We noted above the district court’s reasoning, and we have upheld similar upward variances based in part on a defendant’s repeated violation of the terms of his or her supervised release. See, e.g., United States v. Kreitinger, 576 F.3d 500, 503-04 (8th Cir. 2009). Accordingly, we find that the district court did not commit a clear error of judgment in crafting Clark’s sentence.
Third, Clark admits that upward variances in revocation sentences are appropriate in some instances, but he contends that those instances arise only when the defendant’s supervised release violation is similar to the act for which he was originally convicted. We have not restrained the application of upward variances to such circumstances. Instead, we look to whether “the district court considered the factors set forth in 18 U.S.C. § 3553(a), with reference to the individual circumstances of [the defendant]’s case.” See United States v. Bear Robe, 521 F.3d 909, 911 (8th Cir. 2008). Here, the district court noted the factors set forth in 18 U.S.C. § 3583, which again incorporates the § 3553(a) factors relevant for revocation purposes. See 18 U.S.C. § 3583(e). Therefore, we are satisfied that the district court properly considered the relevant factors when varying upward.
Finally, Clark contends that significant upward variances for Grade C violations erode the intentional gradation of supervised release violations and that[*~369–370] such erosion renders meaningless the Supreme Court’s mandate to “secure nationwide consistency” in sentences. See Gall, 552 U.S. at 49. However, “[t]he Guidelines are not the only consideration.” Id. The district court “must make an individualized assessment based on the facts presented. If [the district court] decides that an outside-Guidelines sentence is warranted, [it] must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance.” Id. at 50. Here, the district court began with the Guidelines and then conducted an individualized assessment. The district court found that an above-Guidelines sentence was warranted and justified its decision based on Clark’s repeated violations of supervised release, his history and characteristics, and the need to protect the public. Having already found the district court’s reasoning sufficient, we find that Clark’s sentence is not substantively unreasonable.
III.
For the foregoing reasons, we affirm Clark’s sentence.
______________________________