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.

122057P.pdf   12/12/2012  United States  v.  Justin Birdhorse
   U.S. Court of Appeals Case No:  12-2057
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
   Criminal Case - sentence. District court did not plainly err by not finding
   that the government breached the plea agreement for not recommending a
   reduction for acceptance of responsibility because Birdhouse did not
   demonstrate he had accepted responsibility. Birdhouse waive right to
   appeal his claim that the district court erred in adding adjustment for use
   of force and vulnerable victim enhancement and waiver was valid and
   enforceable.