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192832P.pdf   02/25/2021  United States  v.  Jamie Shoulders
   U.S. Court of Appeals Case No:  19-2832
   U.S. District Court for the District of South Dakota - Rapid City   
[PUBLISHED] [Colloton, Author, with Grasz and Stras, Circuit Judges] Criminal case - Sentencing. The court need not address whether the district court erred by departing under Guidelines Sections 5K2.1 and 5K2.6 because the district court stated it would impose the same sentence by varying upward under Sec. 3553(a); with respect to defendant's claim that the district court relied on a mistake of fact, defendant must show an obvious error that seriously affected the fairness, integrity, or public reputation of judicial proceedings; and he has failed to do so; there is no reasonable probability the court would have arrived at a different sentence if the defense had clarified the identities of the occupants of the victim's vehicle and their family relations; the district court adequately explained its analysis of the 3553(a) factors and the sentence imposed; defendant's sentence is substantively reasonable.