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153241P.pdf   08/16/2016  United States  v.  Charles Mulverhill
   U.S. Court of Appeals Case No:  15-3241
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. While the lack of controlling 
   Eighth Circuit precedent and the split of authority among the circuits 
   would support a holding that the district court committed no plain error 
   in not applying a categorical approach to determine whether defendant's 
   California sex offense convictions qualified for Tier III treatment, at 
   the change-of-plea hearing, defendant admitted he was required to register 
   as a sex offender and had failed to do so, and this admission constituted 
   a sufficient factual basis for his plea; the presentence report mistakenly 
   stated defendant's offense level at 23 rather than 21, and he was entitled 
   to resentencing.