221448P.pdf   02/10/2023  United States  v.  Ryan McDaniel
   U.S. Court of Appeals Case No:  22-1448
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Stras, Circuit 
   Judge] 
   Criminal case - Sentencing. Even assuming that defendant could show the 
   district court erred by not disclosing its intent to rely on the United 
   States Sentencing Commission's Judiciary Sentencing Information (JSIN), 
   this error would not be plain as the court has not held that a district 
   court is obliged to disclose in advance its intent to rely on publicly 
   available JSIN information; assuming without deciding that the district 
   court incorrectly interpreted the JSIN data, remand for resentencing is 
   unnecessary because the district court's alleged error did not prejudice 
   defendant; the court focused on the offense, defendant's history, and 
   other aggravating factors in setting sentence and used the disputed data 
   for comparative purposes as a "data point" and not a controlling factor; 
   the sentence imposed was not substantively unreasonable. Judge Stras, 
   dissenting.