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.

101544P.pdf   05/17/2012  United States  v.  Randall Replogle
   U.S. Court of Appeals Case No:  10-1544
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Melloy,
   Circuit Judge]
Criminal case - Sentencing. For the court's prior opinion in the matter, see U.S. v. Replogle, 628 F. 3d 1026 (8th Cir. 2011). On remand from the Supreme Court of the United States for further consideration n light of Tapia v. United States, 131 S. Ct. 2382 (2011). Defendant is not entitled to relief under Tapia as he did not raise an argument in this court regarding 18 U.S.C. Sec. 3582(c) until the filing of his petition for rehearing and he cannot meet the plain-error standard for relief in any event; the court's opinion of January 11, 2011, remains in force and the district court's judgment is affirmed. 101544P.pdf 01/11/2011 United States v. Randall Replogle U.S. Court of Appeals Case No: 10-1544 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Melloy, Circuit Judge]
Criminal case - Sentencing. No error in imposing an enhancement for obstruction of justice where defendant did not object to the factual statements upon which the enhancement was based; in any event, the evidence supported a finding that defendant attempted to unlawfully influence a witness; no error in imposing a vulnerable victim enhancement under Guidelines Sec. 3A1.1(b)(1); district court adequately explained its reasons for imposing a 360-month sentence and the sentence was not unreasonable.