United States v. James Smyth

U.S. Court of Appeals for the Eighth Circuit
United States v. James Smyth, 88 F. App'x 971 (8th Cir. 2004)

United States v. James Smyth

Opinion

PER CURIAM.

James F. Smyth appeals the 24r-month prison term the district court 1 imposed *972 after revoking his supervised release. Smyth contends that the district court abused its discretion because it failed to adequately 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 that the district court gave thorough consideration to the sentencing factors and was not bound to follow section 7B1.4’s sentencing recommendation. Cf. United States v. Shaw, 180 F.3d 920, 923 (8th Cir. 1999) (per curiam). Accordingly, we affirm the judgment of the district court.

1

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

Reference

Full Case Name
UNITED STATES of America, Appellee, v. James F. SMYTH, Appellant
Status
Unpublished