DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.