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.
103108P.pdf 10/31/2011 United States v. Bryan Boneshirt
U.S. Court of Appeals Case No: 10-3108
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Smith, Author, with Bright and Shepherd, Circuit Judges]
Criminal case - Sentencing. Appeal waiver would not be enforced as the
record shows the district court did not discuss the appeal waiver with
defendant; sentence was not substantively unreasonable as the court
discussed the 3553(a) factors and did not err in giving weight to the need
to protect the public from defendant, his post-arrest conduct, including an
attempted escape, and the nature of the offense. Judge Bright, concurring
in part and dissenting in part.