USA v. Joseph Burgum
FILED OPINION (DIARMUID F. O'SCANNLAIN, RAYMOND C. FISHER and RONALD M. GOULD) We hold that the district court did not improperly base its sentencing analysis on the statutory maximum, and that the sentence imposed was not substantively unreasonable. Nonetheless, because the district court s treatment of Burgum s inability to pay was plain error affecting substantial rights that compromised the fairness and integrity of the sentencing hearing, we vacate and remand for resentencing without consideration of Burgum s inability to pay. VACATED AND REMANDED. Judge: DFO Dissenting, Judge: RCF Authoring, FILED AND ENTERED JUDGMENT. 
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