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141084P.pdf 04/10/2015 United States v. Lodgy Jackson
U.S. Court of Appeals Case No: 14-1084
and No: 14-1488
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Smith and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court's advice
to defendant Jackson at the change-of-plea hearing that he could not
withdraw his plea even if the court did not impose the sentence the
government recommended fulfilled the court's obligations under Rule
11(c)(3)(B); Jackson's 400-month sentence was not substantively
unreasonable; no error in applying the first-degree-murder cross-reference
set forth in Guidelines Sec. 2A1.1 in sentencing defendant O'Bryant as
application of the cross-reference did not violate defendant's Fifth or
Sixth Amendment rights; Alleyne does not prevent application of the
cross-reference as application does not increase the penalty beyond the
statutory maximum or increase the mandatory minimum sentence; evidence was
sufficient to support the application; defendant O'Bryant's 330-month
sentence was not substantively unreasonable.