U.S. Court of Appeals for the Eighth Circuit, 2022

United States v. William Plump

United States v. William Plump
U.S. Court of Appeals for the Eighth Circuit · Decided October 21, 2022

United States v. William Plump

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-3477 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. William Matthew Plump lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: October 18, 2022 Filed: October 21, 2022 [Unpublished] ____________ Before ERICKSON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM.

William Plump received a 144-month prison sentence after he pleaded guilty to possession with intent to distribute methamphetamine. See 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). He asks us to vacate his sentence due to alleged misstatements made at sentencing.

We conclude that Plump has failed to show that any of the alleged misstatements affected his substantial rights. See United States v. Isler, 983 F.3d 335, 341, 343 (8th Cir. 2020) (applying the plain-error standard to unpreserved claims of procedural sentencing error); United States v. Alaboudi, 786 F.3d 1136, 1141 (8th Cir. 2015) (using the same standard to evaluate unpreserved claims of prosecutorial misconduct). The district court 1 carefully explained its reasons for imposing a 144-month sentence, and nothing (other than speculation) suggests that it actually relied on any false information in sentencing him. See United States v. Pirani, 406 F.3d 543, 553 (8th Cir. 2005) (en banc). We accordingly affirm the judgment and deny the motion to supplement the record. ______________________________

The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. -2-

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