United States v. Angela J. Tilford, (8th Cir. 2004)

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 04-2331

United States of America, Appellee, v. Angela J. Tilford, Appellant.

Submitted: November 15, 2004 Filed: November 23, 2004

Before WOLLMAN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

Angela J. Tilford violated several terms of her supervised release. The district court in prison, the maximum allowed under 18 U.S.C. § 3583(e)(3), even though the policy statement in U.S.S.G. § 7B1.4(a) advised a sentence of eight to fourteen months. Tilford appeals arguing the district abused its discretion in exceeding the recommended Guidelines range.

District of Missouri.

The policy statements in chapter 7 of the Sentencing Gudelines are merely advisory, but district courts must consider the policy statements when sentencing a defendant whose supervised release has been revoked. United States v. Hawkins, 375 F.3d 750, 751-52 (8th Cir. 2004). Under 18 U.S.C. § 3583(e), the court must also consider the sentencing factors listed in 18 U.S.C. § 3553(a). Id. at 752. The court need not refer to every factor, however. Id. When a court mentions some of the considerations in § 3553(a), we deem the court knew of the statuteÂ’s entire contents. Id. The district court may impose a sentence exceeding the range suggested by chapter 7 "‘when, in its considered discretion, such a departure is warranted.Â’" Id. at 753 (quoting United States v. Carr, 66 F.3d 981, 983 (8th Cir. 1995) (per curiam)).

The district court reviewed Tilford§ 3553(a). The district court determined a twenty-four month sentence would vindicate these interests.

Under these circumstances, we cannot say the district court abused its discretion in sentencing Tilford. We thus affirm TilfordÂ’s sentence.

Appeal from the United States

District Court for the Western

District of Missouri.

[UNPUBLISHED]

revoked TilfordÂ’s supervised release and sentenced her to twenty-four months

The Honorable Ortrie D. Smith, United States District Judge for the Western

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