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United States v. Rhonda Smith, 03-3220 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 03-3220 Visitors: 10
Filed: Jun. 01, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-3220 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Rhonda L. Smith, * [UNPUBLISHED] * Appellant. * _ Submitted: May 25, 2004 Filed: June 1, 2004 _ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Rhonda L. Smith appeals the 12-month prison term the district court* imposed after revoking Smith’s supervised release. Smith cont
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 03-3220
                                     ___________

United States of America,                 *
                                          *
                    Appellee,             * Appeal from the United States
                                          * District Court for the District
      v.                                  * of Nebraska.
                                          *
Rhonda L. Smith,                          *      [UNPUBLISHED]
                                          *
                    Appellant.            *
                                     ___________

                              Submitted: May 25, 2004
                                  Filed: June 1, 2004
                                  ___________

Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
                         ___________

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

      *
       The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska.
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.
                      ______________________________




                                       -2-

Source:  CourtListener

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