113402P.pdf   02/08/2013  United States  v.  Francis McLain
   U.S. Court of Appeals Case No:  11-3402
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Melloy, Author, with Bye and Smith, Circuit Judges]
   Criminal case - Sentencing. For the court's prior opinion in the case,
   see U.S. v. McLain, 646 F.3d 599 (8th Cir. 2011). On remand, the district
   court expressly consulted with counsel to confirm that neither party was
   seeking an upward or downward departure, and defendant could not
   argue on appeal that the court had erred in failing to consider the
   application of a departure; district court correctly applied a
   preponderance-of-the-evidence standard at sentencing; sentence was not
   substantively unreasonable.