United States v. William Plump

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 21, 2022
• Docket: 21-3477
• Status: Unpublished

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Submitted: October 18, 2022 Filed: October 21, 2022 [Unpublished] ____________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. ______________________________

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

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