173523P.pdf   01/22/2019  United States  v.  Jon Bryant, Sr.
   U.S. Court of Appeals Case No:  17-3523
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] Wollman, Author, with Loken and Erickson, Circuit Judges] 
   Criminal case - Sentencing. In this kidnapping prosecution, the district 
   court did not err in imposing the cross-reference to attempted murder, and 
   application of Guidelines Sec. 2A2.1(a)(1) did not violate defendant's 
   Sixth Amendment rights; nor did the court err in determining the victim 
   had suffered a life-threatening injury for purposes of Guidelines Sec. 
   1B1.1 cmt.n1(J)(2016); application of a 4-level enhancement under 
   Guidelines Sec. 2A2.1(b)(1)(A) affirmed; argument the court engaged in 
   impermissible double-counting when it applied the base offense level of 
   attempted murder and then imposed a four-level enhancement for a 
   life-threatening injury rejected, as the two penalize different aspects of 
   defendant's conduct and distinct harms; sentence is not substantively 
   unreasonable.