United States v. Smith
Opinion
Darrell Lavon Smith pled guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924 (2000). After granting Smith’s motion for a downward departure, the district court sentenced him to 41 months’ imprisonment, the low end of the advisory guidelines range. Smith appeals his sentence. We affirm.
*246 We review the sentence to determine whether it is reasonable, applying an abuse of discretion standard. Gall v. United States, — U.S.-, 128 S.Ct. 586, 590, 169 L.Ed.2d 445 (2007). We find that the district court properly applied the advisory guidelines and considered the relevant sentencing factors before imposing the 41-month sentence. 18 U.S.C.A. § 8553(a) (West 2000 & Supp. 2007). Additionally, we find that the sentence imposed was reasonable. See United States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006); Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462-69, 168 L.Ed.2d 203 (2007) (upholding presumption of reasonableness accorded within-guidelines sentence). Accordingly, we affirm Smith’s sentence.
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Darrell Lavon SMITH, Defendant-Appellant
- Status
- Unpublished