UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4618
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STEVE ROHAN SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:05-cr-00074-D-1)
Submitted: July 28, 2014 Decided: August 6, 2014
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
W.H. Paramore, III, W.H. PARAMORE, III, P.C., Jacksonville,
North Carolina, for Appellant. Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steve Rohan Smith appeals his sentence of forty-eight
months’ imprisonment imposed upon revocation of his supervised
release. Smith’s counsel has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), stating that there
are no meritorious grounds for appeal but questioning whether
the sentence imposed is plainly unreasonable. Smith was advised
of his right to file a pro se supplemental brief, but he did not
file one. The government did not file a brief. We affirm.
We will affirm a sentence imposed after revocation of
supervised release if it is within the statutory maximum and not
plainly unreasonable. United States v. Crudup, 461 F.3d 433,
439-40 (4th Cir. 2006). We first consider whether the sentence
is procedurally or substantively unreasonable. Id. at 438. In
this initial inquiry, we take a more deferential posture
concerning issues of fact and the exercise of discretion than
reasonableness review for Guidelines sentences. United
States v. Moulden, 478 F.3d 652, 656 (4th Cir. 2007). Only if
we find the sentence unreasonable must we decide whether it is
plainly so. Id. at 657; see also United States v. Bennett, 698
F.3d 194, 200 (4th Cir. 2012), cert. denied, 133 S. Ct. 1506
(2013). While a district court must explain its sentence, the
court “need not be as detailed or specific when imposing a
revocation sentence as it must be when imposing a
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post-conviction sentence.” United States v. Thompson, 595 F.3d
544, 547 (4th Cir. 2010).
“A district court has broad discretion when imposing a
sentence upon revocation of supervised release.” United
States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013). In
exercising such discretion the court “is guided by the Chapter
Seven policy statements in the federal Guidelines manual, as
well as the statutory factors applicable to revocation sentences
under 18 U.S.C. §§ 3553(a), 3583(e).” Id. at 641. “Chapter
Seven instructs that, in fashioning a revocation sentence, ‘the
court should sanction primarily the defendant’s breach of trust,
while taking into account, to a limited degree, the seriousness
of the underlying violation and the criminal history of the
violator.’” Id. (quoting U.S. Sentencing Guidelines Manual ch.
7, pt. A(3)(b) (2012)).
The record reflects that in imposing the sentence, the
district court properly focused on Smith’s breach of trust. The
court also cited the need for deterrence, considered the
applicable sentencing factors, and adequately explained the
chosen sentence, which was within the statutory maximum. We
therefore conclude that the sentence was not plainly
unreasonable.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
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appeal. We therefore affirm the district court’s judgment.
This court requires that counsel inform Smith, in writing, of
the right to petition the Supreme Court of the United States for
further review. If Smith requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on Smith. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED
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