United States v. William Plump

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 21-3477

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

William Matthew Plump

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court for the Southern District of Iowa - Central

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Submitted: October 18, 2022 Filed: October 21, 2022

[Unpublished]

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Before ERICKSON, GRASZ, and STRAS, Circuit Judges.

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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.

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