No. 23-2168 ___________________________

United States of America

Plaintiff - Appellee

v.

Adam James Rollins

Defendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Central ____________

Submitted: February 12, 2024 Filed: July 2, 2024 [Published] ____________ Before LOKEN, COLLOTON,1 and KELLY, Circuit Judges. ____________ PER CURIAM.

1 Judge Colloton became chief judge of the circuit on March 11, 2024. See 28 U.S.C. § 45(a)(1). The district court 2 revoked Adam James Rollins’ third term of supervised release, and imposed a sentence of 40 months in prison, with no supervised release to follow. Rollins appeals, challenging the substantive reasonableness of his sentence.

I.

In January 2010, Rollins was convicted of conspiracy to manufacture methamphetamine having been previously convicted of a felony drug offense, in violation of 21 §§ U.S.C. 841(a)(1), 841(b)(1)(B), 846, and 851. He was sentenced to 120 months in prison to be followed by 8 years of supervised release.

Rollins’ first term of supervised release began in January 2017, and it was revoked in April 2019, after he admitted to violating several conditions of his release, all related to the use of controlled substances. All violations were Grade C, and his advisory Guidelines range of imprisonment was 6–12 months. See United States Sentencing Guidelines (USSG) §§ 7B1.1(a)(3), 7B1.4(a) (2021). The district court sentenced him to 4 months of incarceration and 3 years of supervised release. His second term of supervised release was revoked in September 2021. Again, all of Rollins’ violations—which included a new drug-related law violation—were Grade C, and his Guidelines range was 6–12 months. Rollins was sentenced to 10 months of incarceration and 1 year of supervised release.

This appeal addresses Rollins’ third term of supervised release, which was revoked in May 2023. At his revocation hearing, Rollins admitted that he did not provide a sample for drug testing on three separate dates, failed to report for drug testing, used methamphetamine, committed a new law violation—distribution of methamphetamine, and did not timely inform his probation officer that he had been fired from his job. His most serious violation—the new law violation—was Grade

2 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. -2- B. See USSG § 7B1.1(a)(2) (defining Grade B as “conduct constituting any other federal, state, or local offense punishable by a term of imprisonment exceeding one year”).

Based on these violations, Rollins’ Guidelines imprisonment range was 12– 18 months. See USSG § 7B1.4(a). The government sought a sentence at the top of the advisory range, and Rollins requested “a guidelines range sentence” with no additional supervision. The district court imposed a sentence of 40 months of imprisonment with no supervised release to follow.

II.

On appeal, Rollins argues his sentence is substantively unreasonable. When reviewing a sentence imposed upon revocation of supervised release, we apply “a deferential abuse-of-discretion standard.” United States v. Growden, 663 F.3d 982, 984 (8th Cir. 2011) (citing Gall v. United States, 552 U.S. 38, 51 (2007)). “A district court abuses its discretion and imposes an unreasonable sentenc