United States v. Smith

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Demetrius Smith appeals his 24-month sentence for violation of his supervised release. While on supervised release, Smith was convicted of a state assault charge, which violated the terms. of his supervised release. The district court sentenced Smith to the statutory maximum of 24 months’ imprisonment, although the Guidelines range was 7 to 13 months’ imprisonment. Smith argues that this sentence is both procedurally and substantively unreasonable, because the district court failed to provide him notice of its intent to grant an upward departure and…