The appellant suggests that the probable cause statement attached to his information is not a Shepard-approved document and should not have been relied upon to support the application of an adjustment to his base offense level. Because the sentencing error, if any, does not seriously affect the fairness, integrity or public reputation of judicial proceedings, the appellate court declines to exercise discretion to correct it and affirms the sentence. 5th U.S. Circuit Court of Appeals, No. 11-40642, 02-28-2013.
United States v. Duque-Hernandez
March 5, 2013