DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113819P.pdf 06/14/2012 United States v. Trudell Smith, Jr.
U.S. Court of Appeals Case No: 11-3819
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
Criminal case - Sentencing. District court did not err in determining that
attempted sexual assault was a factor that should be considered in
calculating defendant's sentence for attempted burglary and in finding that
an upward departure was appropriate based on this uncharged conduct
under Guidelines Sec. 5K2.21; argument that the assault finding violated
Booker rejected as the sentence imposed was less than the maximum
allowed by statute; sentence was not unreasonable.