## United States Court of Appeals
**For the Eighth Circuit**

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No. 22

- 3630

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United States of America

Plaintiff - Appellee

v.

Chris Calvin Bald Eagle

Defendant - Appellant

____________ Appeal from United States District Court for the District of South Dakota - Western

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Submitted: May 8, 2023 Filed: May 24, 2023 [Unpublished]

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Before COLLOTON, WOLLMAN, a nd BENTON, Circuit Judges.

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PER CURIAM.

In 2017, Christopher Calvin Bald Eagle pled guilty to f ailure to r egister as a

s ex offender in violation of 18 U.S.C. § 2250(a). The district court sentenced him to 33 months in prison and five years of supervised release. He violated his first term of supervised release in April 2019. The district court sentenced him to time

served and five years of supervised release

. He violated his second term of-2- supervised release in November and Decembe r 2019 . The district court sentenced

him to 15 months in prison and three years of supervised release. He violated his

third term of supervised release in 2022

. The district court 1 sentenced him at the top

of the guidelines to 14 months in prison and two years of supervised release. He appeals this sentence

. Having jurisdiction under 28 U.S.C. § 1291, this court

affirms.

Bald Eagle argues that his sentence is substantively unreasonable. This court

reviews the substantive reasonableness of a sentence for abuse of discretion. See United States v. Thigpen , 848 F.3d 841, 847 (8th Cir. 2017). For revocation

sentenc es , this c ourt applies “the same reasonableness standard that applies to initi al sentencing proceedings.” United States v. Dennis , 35 F.4 th 1116, 1118 (8 th Cir. 2022). An abuse of discretion occurs when the court “fails to consider a relevant factor that should have received significant weight,” “gives significant weight to an imp roper or irrelevant factor,” or makes a “clear error of judgment” in weighing appropriate factors. United States v. Funke , 846 F.3d 998, 1000 (8th Cir. 2017). “[I]t will be the unusual case when we reverse a district court sentence

— whether within, above, or below the applicable Guidelines range

— as substantively

unreasonable.” United States v. Feemster , 572 F.3d 455, 464 (8th Cir. 2009) (en banc).

Bald Eagle claims the district court did not properly weigh his mitigating

circumstances , s pecifically his age (6 8 ), his struggles with chronic homeless ness , hi s difficulty managing his physical and mental health, and his limited financial means

. At sentencing, the court listened to Bald Eagle’s request for a lower sentence because of his age and health conditions. The court specifically addressed his chronic

homelessness :

You’ve also, in the past, indicated that you had a place where you were going to be able to live, and then that didn’t end up working out. So I

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.-3- really hope that you have a place to go. But what I’m going to do after your time in custody is have you go to a residential reentry center for thr ee months so that you can get established and have a place that’s yours and get resettled so that we can hopefully transition you back so that we don’t run into these same problems again.

And, as he acknowledges, his mental health struggles were “well known” to the court because of earlier questions about his competency.

But t he district court also c onsidered his repeated and extensive noncompliance history, emphasizing his “multiple convictions for failure to update

your registration ” and “multiple times when you didn’t comply with the conditions

of your supervised release.” The district court contrasted his noncompliance history

with his promises to compl y:

So I’m glad to hear you say that you are going to make sure you keep your registration updated and that you’re going to keep in touch with your probation officer, because that’s what you need to do. But based on your past history, I’m kind of leery about whether that will actually happen.

Concluding, t he district court stated that it had considered the § 3553 and § 3583

factors. Although Bald Eagle disagrees with the weight a ssigned to his mitigating

circumstances , this does not justify reversal. See United States v. Moua , 895 F.3d 556, 560 (8th Cir. 2018) (describing district court ’ s “wide latitude” to “assign some factors greater weight than others”). The district court did not abuse its discretion.

* * * * * * *

The judgment is affirmed.

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