United States v. Sean Gasaway

I agree that Mr. Gasaway’s sentence is not substantively unreasonable and for that reason concur in the decision to affirm. He did not assert a claim of procedural sentencing error either in the district court or on appeal. I therefore disagree with the section of the opinion that conjures up such an issue and gives it plain error review. See United States v. Brewer, 628 F.3d 975, 978 (8th Cir.2010), cert. denied,—U.S.-, 132 S.Ct. 126, 181 L.Ed.2d 48 (2011).