173657P.pdf   01/11/2019  United States  v.  Matthew St. Pierre
   U.S. Court of Appeals Case No:  17-3657
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Shepherd, Author, with Kelly and Stras, Circuit Judges] 
   Criminal case - Sentencing. The government agreed to recommend a sentence 
   within the agreed-upon Guidelines range and it consistently did so; its 
   conduct in stating it "adopted" the amended PSR, which added an 
   enhancement for obstruction of justice, did not breach the plea agreement; 
   the remainder of defendant's issues fall within the scope of the appeal 
   waiver in his knowing and voluntary guilty plea; even if the court 
   considered the merits of defendant's sentencing arguments, it would affirm 
   the district court's decision as the court explicitly considered and 
   rejected defendant's sentencing disparity argument and did not abuse its 
   discretion in weighing the 3553(a) factors. Judge Stras, concurring in 
   part and concurring in the judgment.