183469P.pdf   12/10/2019  United States  v.  Melvin Harmon
   U.S. Court of Appeals Case No:  18-3469
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Kelly and Stras, Circuit Judges] 
   Criminal case - Sentencing. The district court did not clearly err in 
   determining the loss to the State of Missouri in a scheme to avoid sales 
   tax on autos as the amount was supported by the evidence and was obviously 
   sufficient to trigger the enhancement for loss in Guidelines Sec. 
   2B1.1(b)(1)(E); nor did the court clearly err in adopting the government's 
   proposed loss amount for purposes of imposing restitution; the record does 
   not establish with the requisite clarity that the district court exercised 
   its independent judgment in imposing a two-level enhancement for 
   obstruction of justice under Guidelines Sec. 3C1.1; the sentence is, 
   therefore, vacated, and the matter is remanded for further proceedings. 
   Judge Stras, concurring in part and dissenting in part.