United States v. Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1060 D.C. No. 6:22-cr-00316-AA-1 Plaintiff - Appellee,

v. MEMORANDUM*

JUSTIN WADE SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Justin Wade Smith appeals from the district court’s judgment and challenges

the 11-month sentence imposed upon the second revocation of his supervised

release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Smith claims that the district court procedurally erred by failing to explain

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). its reasons for choosing an 11-month sentence…