Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Smith, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    This document summarizes a United States Court of Appeals case. Darrell Lavon Smith pled guilty to being a felon in possession of a firearm. The district court sentenced Smith to 41 months in prison, the low end of the advisory guidelines range, after granting Smith's motion for a downward departure. The Court of Appeals affirms Smith's sentence, finding that the district court properly applied the advisory guidelines and relevant sentencing factors in imposing the 41-month sentence. The Court also found the sentence to be a reasonable one.

    Original Description:

    Filed: 2008-02-25 Precedential Status: Non-Precedential Docket: 07-4853

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a United States Court of Appeals case. Darrell Lavon Smith pled guilty to being a felon in possession of a firearm. The district court sentenced Smith to 41 months in prison, the low end of the advisory guidelines range, after granting Smith's motion for a downward departure. The Court of Appeals affirms Smith's sentence, finding that the district court properly applied the advisory guidelines and relevant sentencing factors in imposing the 41-month sentence. The Court also found the sentence to be a reasonable one.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    2 views2 pages

    United States v. Smith, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Darrell Lavon Smith pled guilty to being a felon in possession of a firearm. The district court sentenced Smith to 41 months in prison, the low end of the advisory guidelines range, after granting Smith's motion for a downward departure. The Court of Appeals affirms Smith's sentence, finding that the district court properly applied the advisory guidelines and relevant sentencing factors in imposing the 41-month sentence. The Court also found the sentence to be a reasonable one.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-4853

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DARRELL LAVON SMITH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever, III,
    District Judge. (5:07-cr-00076-D)

    Submitted:

    February 21, 2008

    Decided:

    February 25, 2008

    Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,


    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant. George E. B. Holding, United States Attorney, Anne M.
    Hayes, Banumathi Rangarajan, Assistant United States Attorneys,
    Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darrell Lavon Smith pled guilty to one count of being a
    felon in possession of a firearm, in violation of 18 U.S.C.
    922(g)(1), 924 (2000).

    After granting Smiths motion for a

    downward departure, the district court sentenced him to 41 months


    imprisonment, the low end of the advisory guidelines range.
    appeals his sentence.
    We

    review

    We affirm.
    the

    sentence

    to

    determine

    whether

    reasonable, applying an abuse of discretion standard.


    United States, 128 S. Ct. 586, 590 (2007).
    district

    court

    Smith

    properly

    applied

    the

    it

    is

    Gall v.

    We find that the

    advisory

    guidelines

    and

    considered the relevant sentencing factors before imposing the


    41-month sentence. 18 U.S.C.A. 3553(a) (West 2000 & Supp. 2007).
    Additionally, we find that the sentence imposed was reasonable.
    See United States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006);
    Rita v. United States, 127 S. Ct. 2456, 2462-69 (2007) (upholding
    presumption of reasonableness accorded within-guidelines sentence).
    Accordingly, we affirm Smiths sentence.
    We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.

    AFFIRMED

    - 2 -

    You might also like