United States v. Conrad Vernon Smith

OPINION

KENNEDY, Circuit Judge.

Defendant Conrad Vernon Smith appeals his 57-month sentence, asserting that the sentence is unreasonable because the district judge, in calculating the sentence, (1) engaged in impermissible fact-finding and (2) failed to follow the methodology set forth in U.S.S.G § 4A1.3, which resulted in a sentence that was greater than was necessary to comply with the factors set forth in 18 U.S.C. § 3553(a). For the reasons set forth below we AFFIRM the sentence of the district court.

BACKGROUND

Defendant Conrad Vernon Smith (“Smith”) was pulled over by state police in…