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.
202340P.pdf 12/15/2021 United States v. Don Elbert, II
U.S. Court of Appeals Case No: 20-2340
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Loken and Benton, Circuit Judges]
Criminal case - Sentencing. Where the court has before it a revocation
packet from the probation office that includes the proper guidelines
analysis, and the defendant requests a a sentence recommended by the
probation officer, there is no plain error in the court's failure to
mention the guidelines, and defendant's argument that the district court
obviously failed to calculate and consider the guidelines range is
rejected; there is no obvious error in the adequacy of the district
court's explanation of its sentencing decision, and defendant has not
shown a reasonable probability that a fuller explanation would have
resulted in a more favorable sentence; defendant's sentence, an upward
variance was not substantively unreasonable, given defendant was a
recidivist violator of supervised release and presented the district court
with a track record of incorrigibility.