FILED
NOT FOR PUBLICATION APR 14 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50287
Plaintiff - Appellee, D.C. No. 2:11-cr-00284-DSF
v.
MEMORANDUM*
TIERE SMITH,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Tiere Smith appeals from the district court’s judgment and challenges the
24-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Smith contends that the district court violated his right to due process by
basing the sentence on misleading and unreliable information regarding his prior
federal sentence. We review for plain error, United States v. Vanderwerfhorst, 576
F.3d 929, 934 (9th Cir. 2009), and find none. The record reflects that the district
court sentenced Smith consistent with the requirements of due process. See id. at
935-36 (to establish due process violation at sentencing, defendant must show that
his sentence was “demonstrably” based on information that lacked “some minimal
indicium of reliability beyond mere allegation”) (internal quotations omitted). The
district court did not rely on false or unreliable information when it referred to
Smith’s previous sentence as “lenient,” and it properly based the sentence on
Smith’s continuing pattern of criminal conduct, failure to be deterred, danger to the
community, and breach of the court’s trust. See 18 U.S.C. § 3583(e); United States
v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).
AFFIRMED.
2 13-50287