USA v. Antwan Smith

Filing

Opinion issued by court as to Appellant Antwan Smith. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-17620

Date Filed: 03/28/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-17620
Non-Argument Calendar
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D.C. Docket No. 1:09-cr-20587-MGC-1

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTWAN SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(March 28, 2017)
Before WILSON, MARTIN, and ANDERSON, Circuit Judges.
PER CURIAM:

Case: 16-17620

Date Filed: 03/28/2017

Page: 2 of 2

Antwan Smith served 70 months of imprisonment for possessing a firearm
and ammunition after a felony conviction, and possessing heroin. His sentence
included a three-year term of supervised release. Although he violated his
supervised release by testing positive for use of controlled substances several
times, the Court demonstrated leniency by sentencing him to time-served and
warning him that it was his last chance. Smith disregarded that warning and
violated his supervised release again by driving with a suspended license, failing to
timely notify his probation officer about two arrests, and failing to attend all of his
required treatment programs. He appeals the 11-month within-guideline sentence
that he received for this second violation, arguing that it is substantively
unreasonable. Smith’s sentence is substantively reasonable in light of the totality
of the circumstances. It is not “outside the range of reasonable sentences dictated
by the facts in the case.” United States v. Irey, 612 F.3d 1160, 1190 (11th Cir.
2010) (en banc) (internal quotation marks omitted).
AFFIRMED.

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