Texte intégral
1 The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2987
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
James F. Smyth, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 6, 2004
Filed: February 26, 2004
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Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
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PER CURIAM.
James F. Smyth appeals the 24-month prison term the district court 1 imposed
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
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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.
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