United States v. Donald Smiley, 4th Cir. (2015)
United States v. Donald Smiley, 4th Cir. (2015)
United States v. Donald Smiley, 4th Cir. (2015)
No. 14-4739
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
G. Ross Anderson, Jr., Senior
District Judge. (7:14-cr-00044-GRA-1)
Submitted:
April 1, 2015
Decided:
PER CURIAM:
Donald Howard Smiley pled guilty to possession of child
pornography, in violation of 18 U.S.C. 2252A(a)(5)(B) (2012),
and the district court sentenced him to 78 months imprisonment,
a sentence at the bottom of the Sentencing Guidelines range.
Smiley appeals, challenging the procedural reasonableness of his
sentence.
to
explain
variance.
why
it
rejected
his
arguments
for
downward
552
U.S.
38,
49-51
(2007).
As
have
explained,
or
within-Guidelines
record
an
individualized
sentence,
assessment
it
based
must
on
place
the
on
the
particular
explanation
must
be
sufficient
to
allow
for
meaningful
procedural
reasonableness
below,
this
court
must
reverse
the
defendants
sentence imposed.
(4th
Cir.
2010)
arguments
would
not
have
affected
the
and
internal
quotation
marks
omitted).
After reviewing the sentencing transcript, we conclude that
the district courts explanation was insufficient to render the
sentence procedurally reasonable.
address
why
variance.
it
rejected
Smileys
arguments
for
downward
Lynn,
that
the
district
courts
procedural
error
is
relevant
to
the
consideration
of
the
3553(a)
factors.
that
weakness
comparative
of
defendants
arguments
for
lower
and
defense
the
court
counsels
imposed
sentence
arguments
and
immediately
Smileys
after
allocution.
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED