discussed Cited "see" United States v. Miell See United States v. Sitting Bear, 436 F.3d 929, 932 (8th Cir.2006) (finding no merit to a defendant’s claim that Rule 32(h) requires notice of the court’s intent to vary in light of all of the § 3553(a) factors, citing United States v. Long Soldier, 431 F.3d 1120, 1122 (8th Cir.2005) (”[N]otice pursuant to Rule 32(h) is not required when the adjustment to the sentence is effected by a variance, rather than by a departure.”), and United States v. Egenberger, 424 F.3d 803, 805 (8th Cir.2005) (same), cert, denied, 546 U.S. 1125 , 126 S.Ct. 1106 , 163 L.Ed.2d 917 (2006)).

discussed Cited "see" United States v. Foy See United States v. Sitting Bear, 436 F.3d 929, 932 (8th Cir. 2006) (finding no merit to a defendant’s claim that Rule 32(h) requires notice of the court’s intent to vary in light of all of the § 3553(a) factors, citing United States v. Long Soldier, 431 F.3d 1120, 1122 (8th Cir.2005) (“[N]otice pursuant to Rule 32(h) is not required when the adjustment to the sentence is effected by a variance, rather than by a departure.”), and United States v. Egenberger, 424 F.3d 803, 805 (8th Cir. 2005) (same), cert, denied, 546 U.S. 1125 , 126 S.Ct. 1106 , 163 L.Ed.2d 917 (2006)).

discussed Cited "see" United States v. Richardson See Montoya, 62 F.3d at 4 (“[W]here a defendant wants to argue that there has occurred a sentencing manipulation amounting to ‘extraordinary misconduct,’ we think that the claim need not be limited to a request for a discretionary departure, that it applies to statutory mandatory mínimums as well as to guideline ranges, and that it is subject to appellate review.”) Sentencing factor manipulation occurs when authorities “venture outside the scope of legitimate investigation and engage in extraordinary misconduct that improperly enlarges the scope or scale of the crime.” 8 United St…

discussed Cited "see" United States v. Schaefer (2×) See United States v. Bass, 411 F.3d 1198, 1202 (10th Cir.2005), cert. denied, 546 U.S. 1125 , 126 S.Ct. 1106 , 163 L.Ed.2d 917 (2006); Kimler, 335 F.3d at 1139 , 1140 n. 8.