* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JUL 18 2001 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. KELLY GENE STAPP,

Defendant-Appellant. No. 00-6416 (D.C. No. 00-MD-275) (W.D. Okla.)

ORDER AND JUDGMENT *

Before TACHA, Chief Judge, PORFILIO, and ANDERSON , Circuit Judges.

After examining the briefs and appellate record, th is panel has determined unanimously to grant the parties’ request for a dec ision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Defendant Kelly Gene Stapp appeals his sentence of twenty-four months’ imprisonment, imposed after his supervised release was revoked. We affirm.-2-

Defendant’s supervised release was revoked based onhis (1) failure to submit urine samples on April 10, 18, and 26, 2000, and May 2, 17, and 22, 2000; (2) failure to notify his probation officer of his change of address; (3) failure to submit monthly reports for March, April, and May of 2000; and (4) commission of a new offense of possessing a controlled substan ce. Although Policy Statement 7B1.4(a) of the United States Sentencing Guidelines suggested a range of imprisonment from twelve to eighteen months, the di strict court sentenced defendant to twenty-four months’ imprisonment, base d on “the violations as enumerated, the substantial disregard of all of tho se requirements imposed by the terms of supervised release, and . . . nine prior c onvictions.” R. vol. 2 at 4. Defendant argues that the court did not give adequate reasons for departing from the sentencing guidelines policy statement andthat the record does not demonstrate that the court considered the factors l isted in 18 U.S.C. § 3553(a). “In reviewing the specific sentence of imprisonmentimposed by the district court after revocation of defendant’s supervised release and the court’s explanation for that sentence, we will not reverse if it can be det ermined from the record to have been reasoned and reasonable.” United States v. Lee , 957 F.2d 770, 774 (10th Cir. 1992). Further, the district court is not req uired to expressly weigh on the record the sentencing factors identified in § 3553( a), and we will assume the court-3-

considered each of the factors absent a contrary indication in the record. United States v. Rose , 185 F.3d 1108, 1111 (10th Cir. 1999). We hold that the district court’s reasons for impos ing the two-year maximum sentence under 18 U.S.C. § 3583(e)(3) were more than adequate and reasonable, given the number of times defendant vio lated his supervised release, his extensive criminal history, his total disregardof the supervised release requirements, the need to afford adequate deterrenc e to criminal conduct, and the need to protect the public from further crimes of the defendant. See 18 U.S.C. § 3553(a). In addition, we are satisfied that the court considered the sentencing factors set forth in § 3553(a). The judgment of the United States District Court fo r the Western District of Oklahoma is AFFIRMED.

Entered for the Court

John C. Porfilio Circuit Judge