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164273P.pdf   12/17/2018  United States  v.  Dionne Ackerley
   U.S. Court of Appeals Case No:  16-4273
   U.S. District Court for the Western District of Missouri - Springfield   
[PUBLISHED] [Shepherd, Author, with Loken and Benton, Circuit Judges] Criminal case -Sentencing. With respect to her argument that statements in her proffer were improperly considered in connection with the court's drug quantity calculation and to establish her base offense level, defendant failed to establish plain error; defendant is unable to point to any statements used in violation of her plea agreement and cannot explain how the use of the statements affected her sentence; in the absence of a showing of prejudice, defendant cannot establish plain error, and the court will enforce her appeal waiver and dismiss her appeal.