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182228P.pdf   05/29/2019  United States  v.  Fred Quiver
   U.S. Court of Appeals Case No:  18-2228
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges] 
   Criminal Case - sentencing. On appeal following guilty plea to being 
   accessory to second-degree murder and above-guidelines sentence of 180 
   months, claims of ineffective assistance of counsel will not be 
   considered, as record not fully developed, ineffectiveness is not readily 
   apparent or obviously deficient, and no plain miscarriage of justice in 
   light of availability of action under 28 U.S.C. sec. 2255. District court 
   did not commit procedural error, as basis for sentence was adequately 
   explained, and any procedural error in imposing an upward departure was 
   harmless because district court justified the sentenced by referencing 
   both the grounds and the relevant section 3553(a) factors. District court 
   did not abuse its discretion in imposing a substantively unreasonable 
   sentence.