The Fourth Circuit affirmed a criminal judgment where a defendant challenged an upward sentencing variance. The court held the district court acted within its discretion by weighing the defendant's criminal history and public safety concerns.
Kelvin Scott Smith pled guilty to possession of a firearm by a felon under 18 U.S.C. Sections 922(g)(1) and 924(a)(8). The district court sentenced Smith to 72 months imprisonment, above his advisory Sentencing Guidelines range of 51 to 63 months.
The court’s reasoning
The court reviewed the sentence for procedural and substantive reasonableness under an abuse-of-discretion standard. It found the district court properly calculated the Guidelines range and adequately explained the rejection of mitigation arguments. The court concluded the variance was reasonable given Smith’s lengthy criminal history and the need for public protection.
What it means going forward
This decision reinforces the broad discretion district courts have when determining the weight to be given each of the Section 3553(a) factors in sentencing.
