193268P.pdf   12/17/2020  United States  v.  Brian Barthman
   U.S. Court of Appeals Case No:  19-3268
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Shepherd, Author, with Stras and Kobes, Circuit Judges] 
   Criminal case - Sentencing. For the court's prior opinion remanding this 
   matter for resentencing, see U.S. v. Barthman, 919 F.3d 1118, 1120 (8th 
   Cir. 2019). The district court did not abuse its discretion in determining 
   the sentence, and the sentence imposed was not substantively unreasonable; 
   the district court clearly erred in its implicit finding that defendant 
   was not indigent and erred in imposing the $5,000 special assessment 
   pursuant to the provisions of the Justice for Victims of Trafficking Act; 
   the PSR showed defendant had a significant negative net worth and there 
   was little likelihood defendant would obtain employment when released, 
   given his record and probable age (80); defendant was indigent for 
   purposes of the Act and the court erred in imposing the enhancement; the 
   district court did not abuse its discretion in denying defendant's pro se 
   motion to withdraw his guilty plea.