168th and Dodge v. Rave Reviews Cinemas

1The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-2457
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Andrew Curtis Smith, *
* [UNPUBLISHED]
Appellant. *
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Submitted: July 27, 2007
Filed: August 1, 2007
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Before BYE, RILEY, and MELLOY, Circuit Judges.
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PER CURIAM.
Andrew Curtis Smith (Smith) appeals the 46-month prison sentence the district
court 1 imposed after Smith pled guilty to transporting child pornography, in violation
of 18 U.S.C. § 2252A(a)(1). For reversal, he argues his sentence–which was at the
bottom of the advisory United States Sentencing Guidelines range–was unreasonable
upon due consideration of the 18 U.S.C. § 3553(a) factors.

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We disagree. See United States v. Booker, 543 U.S. 220, 261-62 (2005)
(discussing appellate review for unreasonableness). The record shows the district
court properly considered the undisputed advisory Guidelines range, the nature of the
offense, sentencing objectives, and Smith’s history and circumstances (including
Smith’s lack of a criminal record, age and several positive letters written on Smith’s
behalf). We see no basis to conclude the sentence is unreasonable. See Rita v. United
States, __ U.S. __, __, 127 S. Ct. 2456, 2462-69 (2007) (discussing the application of
the presumption of reasonableness accorded a sentence that reflected the proper
application of the advisory Guidelines); United States v. Harris, __ F.3d __, __, No.
06-2892, 2007 WL 1964651, at *3 (8th Cir. July 9, 2007) (concluding sentence within
advisory Guidelines range is presumptively reasonable).
Accordingly, the judgment is affirmed.
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