202340P.pdf   12/15/2021  United States  v.  Don Elbert, II
   U.S. Court of Appeals Case No:  20-2340
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Loken and Benton, Circuit Judges] 
   Criminal case - Sentencing. Where the court has before it a revocation 
   packet from the probation office that includes the proper guidelines 
   analysis, and the defendant requests a a sentence recommended by the 
   probation officer, there is no plain error in the court's failure to 
   mention the guidelines, and defendant's argument that the district court 
   obviously failed to calculate and consider the guidelines range is 
   rejected; there is no obvious error in the adequacy of the district 
   court's explanation of its sentencing decision, and defendant has not 
   shown a reasonable probability that a fuller explanation would have 
   resulted in a more favorable sentence; defendant's sentence, an upward 
   variance was not substantively unreasonable, given defendant was a 
   recidivist violator of supervised release and presented the district court 
   with a track record of incorrigibility.