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191862P.pdf   07/23/2020  United States  v.  Yancey Myers
   U.S. Court of Appeals Case No:  19-1862
   U.S. District Court for the District of North Dakota - Bismarck   
[PUBLISHED] [Gruender, Author, with Wollman and Kobes, Circuit Judges] Criminal case - Criminal law and sentencing. The court would not consider defendant's arguments regarding ineffective assistance of counsel at trial; evidence was sufficient to support defendant's convictions for conspiring to distribute heroin and distributing a controlled substance resulting in death; even if the court erred in admitting the out-of-court statement of a co-conspirator, the error was harmless because the government presented substantial admissible evidence to establish the conspiracy; even if the district court erred in imposing a four-level enhancement under Guidelines Sec. 2D1.1(b)(13) because the court used the incorrect version of the Guidelines Manual, the error was harmless because the court specified it would impose the same sentence with or without the enhancement.