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.
97 F. App'x 697
UNITED STATES of America, Appellee, v. Rhonda L. SMITH, Appellant.
No. 03-3220.
United States Court of Appeals, Eighth Circuit.
Submitted: May 25, 2004.
Decided: June 1, 2004.
Steven Arthur Russell, Asst. U.S. Attorney, U.S. Attorney’s Office, Lincoln, NE, for Plaintiff-Appellee.
Carlos Monzon, Federal Public Defender’s Office, Lincoln, NE, for Defendant-Appellant.
Rhonda L. Smith, Federal Correctional Institution, Pekin, IL, pro se.
Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
United States v. Smith
97 F. App'x 697
Case Details
97 F. App'x 697
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