United States v. Rhonda Smith

97 F. App'x 697
Court of Appeals for the Eighth Circuit·Decided June 1, 2004·No. 03-3220·Unpublished

Opinion

PER CURIAM.

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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United States v. Rhonda Smith, 97 F. App'x 697 (8th Cir. 2004).

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Related

United States v. Larry Graves, A/K/A Larry Grayes
914 F.2d 159 (Eighth Circuit, 1990)
United States v. Myron Lee Touche
323 F.3d 1105 (Eighth Circuit, 2003)