DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071476P.pdf 03/11/2008 United States v. Shawn Burnette
U.S. Court of Appeals Case No: 07-1476
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Benton, Author, with Colloton and Beam, Circuit
Judges]
Criminal case - Criminal law and Sentencing. Applying the plain error
of standard of review, the district court did not err by not recusing sua
sponte; defendant waived any objections to the district court's drug
quantity calculations; argument that the court erred in refusing to grant an
acceptance-of-responsibility reduction was waived; district court erred in
applying a presumption of reasonableness to the advisory guidelines
sentence, but the error was harmless because defendant failed to show
that, but for the error, the court would have imposed a lesser sentence;
sentence was reasonable.