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United States v. Smith, 4th Cir. (2010)
United States v. Smith, 4th Cir. (2010)
United States v. Smith, 4th Cir. (2010)
No. 09-5123
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:03-cr-00162-FDW-2)
Submitted:
July 9, 2010
Decided:
PER CURIAM:
Rodriguez Cherone Smith appeals the district courts
judgment revoking his supervised release and sentencing him to
nine
months
Smiths
prison
and
two
has
filed
attorney
California,
there
in
are
386
no
U.S.
years
brief
of
supervised
pursuant
to
738
(1967),
asserting,
in
meritorious
grounds
for
but
appeal
release.
Anders
his
v.
opinion,
raising
the
We affirm.
release
if
it
is
within
the
prescribed
statutory
Id.
reasonableness
review
for
guidelines
sentences.
United
Only if
Id. at 657.
statements
and
the
statutory
factors
applicable
to
Id. at 656-57.
need
not
be
as
detailed
or
specific
when
imposing
is
within
plainly unreasonable.
all
four
violations
the
prescribed
statutory
range
and
not
by
the
probation
officer.
The
under
U.S.
Sentencing
Guidelines
Manual
7B1.4(a)
was
applicable
statutory
factors
in
imposing
its
sentence.
We
therefore
affirm
the
district
courts
judgment.
filed,
believes
but
counsel
that
such
petition
would
be
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED