Confidence Aleru v. John Ashcroft

*
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. 03-3220
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Rhonda L. Smith, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 25, 2004
Filed: June 1, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Rhonda L. Smith appeals the 12-month prison term the district court * imposed
after revoking Smith’s supervised release. Smith contends the district court abused
its discretion because it failed adequately to 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 the district court gave thorough consideration
to the sentencing factors, including the recommended sentencing range, see United
States v. Graves, 914 F.2d 159, 160 (8th Cir. 1990) (per curiam), and was not bound

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to follow section 7B1.4’s sentencing recommendation, see United States v. Touche,
323 F.3d 1105, 1107 (8th Cir. 2003). Accordingly, we affirm the judgment of the
district court.
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