101977P.pdf   12/08/2011  United States  v.  Wanda Richart
   U.S. Court of Appeals Case No:  10-1977
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Melloy, Author, with Murphy and Bye, Circuit Judges]
   Criminal case - Sentencing. District court did not err in imposing a two-
   level adjustment under Guidelines Sec. 3B1.1(c) for role in the offense;
   even if it was error to impose the adjustment, the court stated it would
   impose the same sentence without the adjustment, so the error would have
   been harmless; in a prosecution for conspiracy to make a false statement
   and the making of a false statement, it was not error to impose an upward
   departure under Guidelines Sec. 5K2.9 based on the fact that defendant
   committed the offenses to conceal another crime; any procedural error in
   applying the section would be harmless in light of the fact that the court
   justified its sentencing decision on both the guideline and 3553(a) factors;
   the court did not commit any procedural error in its decision to vary up to
   the statutory maximum on each count; court did not err in making
   defendant's two sixty-month sentences consecutive, and the decision did
   not violate Guidelines Sec. 5G1.2; sentences were not substantively
   unreasonable; special conditions of supervised release affirmed. Judge
   Bye, dissenting.