United States v. Cody Dittmar
CourtCourt of Appeals for the Eighth Circuit
Date FiledOctober 20, 2026
Docket26-1442
StatusUnpublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 26-1442
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Cody Kinzie Dittmar
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Eastern
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Submitted: October 13, 2026
Filed: October 20, 2026
[Unpublished]
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Before L.R. SMITH, BENTON, and TRAYNOR, Circuit Judges.
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PER CURIAM.
Cody Dittmar appeals after the district court1 revoked his supervised release
and sentenced him to 24 months in prison. His counsel has moved to withdraw and
1
The Honorable C.J. Williams, Chief Judge, United States District Court for the
Northern District of Iowa.
has filed a brief primarily considering whether there was a factual basis for violations
of his supervised release and whether the sentence was substantively unreasonable.
Dittmar has filed a pro se supplement asserting errors in a related proceeding.
Upon careful review, we conclude that the district court did not err in
determining that Dittmar violated the conditions of release. See United States v.
Miller, 557 F.3d 910, 914 (8th Cir. 2009) (factual findings as to whether violation
occurred reviewed for clear error). We further conclude that the district court did not
abuse its discretion in sentencing Dittmar. See United States v. Valure, 835 F.3d 789,
790 (8th Cir. 2016) (revocation sentence reviewed for abuse of discretion). The
record reflects that the district court adequately considered the relevant factors and
did not give significant weight to an improper factor or commit a clear error of
judgment in imposing a 24-month term based primarily on Dittmar’s problematic
history on supervised release. See United States v. Pratt, 142 F.4th 1090, 1094-95
(8th Cir. 2025) (sentence may be unreasonable if district court fails to consider
relevant factor, gives significant weight to improper factor, or commits clear error of
judgment; court may consider history on supervised release). To the extent Dittmar
suggests that errors in another proceeding impacted some of the violations, we deem
any error harmless in light of the other violations and the district court’s statements
concerning the revocation sentence. See United States v. Cates, 613 F.3d 856, 859
(8th Cir. 2010) (error concerning revocation sentence was harmless where district
court declared it would have imposed same sentence).
Accordingly, we grant counsel’s motion to withdraw, and affirm.
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