181170P.pdf   06/17/2019  United States  v.  Brandon Cloud
   U.S. Court of Appeals Case No:  18-1170
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Kelly, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Sentencing. As defendant did not object to the fact of his 
   tribal court convictions or his tribal arrests, or the factual 
   descriptions of the convictions and arrests in the PSR, his claim that the 
   district court erred in relying on the information in determining his 
   sentence is reviewed for plain error; the district court did not rely on 
   any information that was not otherwise available to the court and the 
   parties and did not commit plain error; the sentence, while an upward 
   variance, was not substantively unreasonable; although the court mentioned 
   the disparity between state and federal sentences for this type of crime, 
   the court did not give it significant weight and properly relied on 
   3553(a) factors in setting sentence.