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United States v. Ryan Payne, 18-2132 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-2132 Visitors: 132
Filed: Jul. 09, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-2132 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Ryan Payne lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Arkansas - Fayetteville _ Submitted: April 15, 2019 Filed: July 9, 2019 [Unpublished] _ Before SHEPHERD, MELLOY, and GRASZ, Circuit Judges. _ PER CURIAM. Defendant Ryan Payne is a former IRS agent. In 2018, he pled guilty to misuse of
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 18-2132
                        ___________________________

                             United States of America

                        lllllllllllllllllllllPlaintiff - Appellee

                                           v.

                                     Ryan Payne

                       lllllllllllllllllllllDefendant - Appellant
                                       ____________

                     Appeal from United States District Court
                for the Western District of Arkansas - Fayetteville
                                 ____________

                             Submitted: April 15, 2019
                                Filed: July 9, 2019
                                  [Unpublished]
                                  ____________

Before SHEPHERD, MELLOY, and GRASZ, Circuit Judges.
                          ____________

PER CURIAM.

       Defendant Ryan Payne is a former IRS agent. In 2018, he pled guilty to misuse
of a social security number and aggravated identity theft in violation of 42 U.S.C.
§ 408(a)(7)(B) and 18 U.S.C. § 1028A(a)(1), respectively. The district court1
sentenced him to 28 months’ imprisonment on the misuse charge and 24 months on
the aggravated-identity-theft charge. Both terms of imprisonment were within the
applicable Guidelines range, and § 1028A(b)(2) required them to run consecutively.
On appeal, Payne challenges his sentence on the misuse charge only, claiming it is
substantively unreasonable.

       Payne’s within-range sentence is presumptively reasonable on appeal. United
States v. Peithman, 
917 F.3d 635
, 653 (8th Cir. 2019). Because there is nothing in
the record to indicate that the district court “fail[ed] to consider a relevant factor”
under 18 U.S.C. § 3553(a), “g[ave] significant weight to an improper or irrelevant
factor,” or otherwise “commit[ted] a clear error of judgment” when weighing the
appropriate factors, we conclude Payne failed to rebut this presumption. United
States v. Feemster, 
572 F.3d 455
, 461 (8th Cir. 2009) (en banc) (citation omitted).
Accordingly, we affirm the judgment of the district court.
                       ______________________________




      1
      The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.

                                         -2-

Source:  CourtListener

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