102849P.pdf   06/30/2011  United States  v.  Marc Sean Wisecarver
   U.S. Court of Appeals Case No:  10-2849
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Gruender, Author, with Wollman and Murphy, Circuit Judges]
   Criminal case - Criminal law and sentencing. For the court's prior
   opinion in the case See. No. 09-1954 United States v. Wisecarver (8th
   Cir., March 22, 2010). Retrial did not violate this court's mandate as
   nothing in the court's prior opinion limited the district court's function
   with respect to a retrial; district court's comments at defendant's original
   sentencing did not require recusal; jury instruction on trespass was not
   erroneous and, even if it was, it did not prejudice defendant in light of the
   evidence and the other instructions in the case; district court did not err 
   in imposing an enhancement under Guidelines Sec. 3C1.1 for obstruction of
   justice based on its finding that defendant perjured himself at trial in 
   order to establish a basis for a self-defense instruction; sentence, an 
   upward variance, was not unreasonable, and the court did not err in giving 
   greater weight to the nature and circumstances of the offense than it did to
   defendant's personal characteristics; three special conditions of supervised
   release are vacated and remanded to the district court for further
   individualized assessment and particularized findings.