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.