DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041058P.pdf 06/20/2005 United States v. Jeremie Jay Schwalk
U.S. Court of Appeals Case No: 04-1058
District of South Dakota
[PUBLISHED] [Colloton, Author, with Smith and Beam, Circuit Judges]
Criminal case - Sentencing Guidelines. District court did not err in
departing upward from the applicable guidelines range, based on
uncharged conduct against the victim, the extreme nature of the injuries
inflicted, the vulnerability of the young victim and the fact that
defendant's criminal history category under-represented the likelihood of
future criminal conduct; applying Pirani's plain error analysis, defendant
was not entitled to Booker relief as he could not establish a reasonable
probability that the district court would have imposed a lesser sentence
under an advisory guidelines scheme.