U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Thomas Smith

United States v. Thomas Smith
U.S. Court of Appeals for the Ninth Circuit · Decided November 19, 2012 · Canby, Trott, Fletcher
487 F. App'x 408

United States v. Thomas Smith

Opinion

MEMORANDUM **

Thomas Gregory Smith appeals from the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Smith contends that the district court erred by basing his sentence on the violent nature of his revocation offense and criminal history, rather than on his breach of trust. The record reflects that the district court properly considered the violent nature of Smith’s conduct in connection with the 18 U.S.C. § 3583(e) sentencing factors. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007) (conduct underlying the revocation may be considered by the district court in weighing the severity of the violator’s breach of trust). In light of the totality of the circumstances and the section 3583(e) sentencing factors, the 24-month consecutive sentence is substantively reasonable. See U.S.S.G. § 7B1.3(f); Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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