U.S. v. NEVER MISSES A SHOT

No. 12-3267.

715 F.3d 1048 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Michael Todd NEVER MISSES A SHOT, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2013.


Attorney(s) appearing for the Case

Vickie S. Broz , argued, Mobridge, SD, for Appellant.

Kevin Koliner , AUSA, argued, Dennis Ray Holmes , AUSA, on the brief, Sioux Falls, SD, for Appellee.

Before WOLLMAN and COLLOTON, Circuit Judges, and HOLMES, District Judge.


HOLMES, District Judge.

Michael Todd Never Misses A Shot pleaded guilty pursuant to a written plea agreement to making false statements in violation of 18 U.S.C. § 1001(a)(2). At sentencing, the district court2 departed upward from the advisory guidelines range and sentenced Never Misses A Shot to 36 months' imprisonment. Never Misses A Shot appeals his sentence, arguing that the district court erred in departing upward from the guidelines...

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