No. 11-3819.

681 F.3d 932 (2012)

UNITED STATES of America, Appellee, v. Trudell SMITH, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 14, 2012.

Attorney(s) appearing for the Case

Justin L. Bell , Pierre, SD, for Appellant.

Timothy Marshall Maher , USA, Pierre, SD, for Appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Trudell Smith, Jr. pled guilty to burglary in violation of 18 U.S.C. § 1153 pursuant to a plea agreement. After an upward departure, the district court1 sentenced Smith to 57 months imprisonment and 5 years of supervised release. Smith appeals his sentence. We affirm.


On July 16, 2011, after a long night of drinking, Smith broke into the home of Mattie High Pipe through the window of a...

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