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173039P.pdf   01/07/2019  United States  v.  Charles Eagle Pipe
   U.S. Court of Appeals Case No:  17-3039
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit 
   Judge] 
   Criminal case - Sentencing. The district court did not abuse its 
   discretion in departing upwards from Criminal History Category I to 
   Criminal History Category IV under Guidelines Sec. 4A1.3, based on 
   defendant's underrepresented criminal history, including a substantial 
   number of uncounted tribal court convictions; exact number of those 
   convictions did not affect the district court's finding that defendant was 
   "about as far away from a Criminal History Category of I as you could 
   get;" the record does not support a conclusion that the district court's 
   comments lamenting the prevalence of domestic violence on the Standing 
   Rock Reservation were a principal basis for the court's choice of 
   sentence.