231522P.pdf   02/06/2024  United States  v.  Kaycee Heard
   U.S. Court of Appeals Case No:  23-1522
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Kobes, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in assessing a 
   point for defendant's Michigan conviction as the court there accepted 
   defendant's admission of guilt and imposed a two-year sentence of 
   probation; no error in assessing a three-level enhancement under 
   Guidelines Sec. 3B1.1(b) for a management or supervisor role in the 
   offense, as defendant recruited others to join the conspiracy and 
   controlled the activities of some participants; the sentencing record 
   supported the district court's reliance on the PSR's statement that 
   defendant had participated in a jail disturbance; defendant's sentence was 
   not an abuse of the district court's discretion or substantively 
   unreasonable; the statutory directive to avoid unwarranted sentencing 
   disparities refers to national disparities and not disparities among 
   co-conspirators; because defendant does not raise a national disparity 
   argument, stands alone in this appeal, and received a reasonable sentence, 
   there is no principled basis to say which conspirator got the right 
   sentence.