222908P.pdf   04/27/2023  United States  v.  Moses Runs Against
   U.S. Court of Appeals Case No:  22-2908
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Arnold, Author, with Gruender and Wollman, Circuit Judges] 
   Criminal case - Sentencing. The district court adequately explained its 
   decision to depart upward under Guidelines Sec. 5K2.21 and 4A1.3(a)(1) 
   because defendant's criminal history underrepresented his likelihood of 
   reoffending, given his record of alcohol offenses; even if the district 
   court's explanation of its Sec. 4A1.3(a)(1) departure was plainly 
   insufficient, defendant has failed to demonstrate a reasonable probability 
   that he would have received a more favorable sentence absent the plain 
   error because it is clear the court would have imposed the statutory 
   maximum term irrespective of the guidelines range; the district court did 
   not abuse its discretion in weighing the 3553(a) factors.