172285P.pdf   10/22/2018  United States  v.  Trung Dang
   U.S. Court of Appeals Case No:  17-2285
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Chief Judge, Author, with Beam and Colloton, Circuit 
   Judges] 
   Criminal Case - revocation of supervised release. District court did not 
   abuse its discretion in imposing a sixty-month sentence to run consecutive 
   to state sentence for computer child pornography and computer exploitation 
   of a child, representing an upward departure from 8-14 month sentencing 
   range. The district court did not plainly err in failing to expressly 
   state the applicable sentencing range, as the court expressly considered 
   related guidelines provisions and the discussions reflected an assessment 
   that the offense warranted revocation and a substantial prison sentence; 
   reliance on the statute under which Dang was convicted provided sufficient 
   basis for the district court's factual findings; the district court did 
   not plainly err in considering the section 3553(a)(2)(A) factors and did 
   not violate the Double Jeopardy Clause by sentencing him to imprisonment 
   for conduct that formed the basis of his state conviction. The sentence is 
   not substantively unreasonable.