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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.