United States v. Rhonda Smith
This text of 97 F. App'x 697 (United States v. Rhonda Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Rhonda L. Smith appeals the 12-month prison term the district court * imposed after revoking Smith’s supervised release. Smith contends the district court abused its discretion because it failed adequately to consider the statutory sentencing factors, see 18 U.S.C. § 3583(e)(3), and the recommended sentencing range of 3-9 months in U.S.S.G. § 7B1.4, p.s. We conclude the district court gave thorough consideration to the sentencing factors, including the recommended sentencing range, see United States v. Graves, 914 F.2d 159, 160 (8th Cir.1990) (per curiam), and was not bound to follow section 7B1.4’s sentencing recommendation, see United States v. Touche, 323 F.3d 1105, 1107 (8th Cir.2003). Accordingly, we affirm the judgment of the district court.
The Honorable Richard G. Kopf, Chief Judge, United States District Court for the District of Nebraska.
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