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.
171572P.pdf   06/20/2018  United States  v.  Thomas Grace
   U.S. Court of Appeals Case No:  17-1572
   U.S. District Court for the District of North Dakota - Bismarck    
   [PUBLISHED] [Shepherd, Author, with Colloton and Stras, Circuit Judges] 
   Criminal case - Sentencing. In defendant's sentencing for involuntary 
   manslaughter, the district court determined that the Guidelines did not 
   fully account for defendant's prior DUI conviction which had occurred just 
   four months before this fatal accident and under very similar 
   circumstances; given that defendant's behavior showed a lack of respect 
   for the law and the safety of others and that a significant sentence was 
   needed to afford adequate deterrence, the court's decision to weigh the 
   prior conviction and impose an upward variance was not an abuse of 
   discretion or a clear error of judgment; contrary to defendant's argument, 
   the court did not give significant weight to the term of imprisonment 
   provided in the comparable state law - N.D. Cent. Code Sec. 39-08-01.2(1) 
   - and, instead, relied on the relevant 3553(a) factors in setting 
   sentence; the sentence imposed was substantively reasonable. 
  
172189P.pdf   06/20/2018  United States  v.  Nicholas Ryan Hemsher
   U.S. Court of Appeals Case No:  17-2189
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [PUBLISHED] [Beam, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's conviction for possession of stolen firearms and for 
   being a felon in possession of a firearm; the case does not present the 
   kind of extraordinary circumstances which permit this court to review the 
   jury's credibility determinations; challenges to trial court evidentiary 
   rulings rejected; no error in imposing a sentencing enhancement under 
   Guidelines Sec. 2K2.1(b)(1)(B) based on the number of weapons involved in 
   the offenses; no error in imposing an enhancement under Guidelines Sec. 
   2K2.1(b)(6)(B) for possessing the firearms in connection with another 
   felony offense, here trafficking firearms; no error in imposing an 
   enhancement under Guidelines Sec. 3C1.1 for obstruction of justice; 
   argument that the sentence imposed created unwarranted sentencing 
   disparities rejected.