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                        as a courtesy to the reader. They are not part of the opinion of the court.

113819P.pdf   06/14/2012  United States  v.  Trudell Smith, Jr.
   U.S. Court of Appeals Case No:  11-3819
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
   Criminal case - Sentencing. District court did not err in determining that
   attempted sexual assault was a factor that should be considered in
   calculating defendant's sentence for attempted burglary and in finding that
   an upward departure was appropriate based on this uncharged conduct
   under Guidelines Sec. 5K2.21; argument that the assault finding violated
   Booker rejected as the sentence imposed was less than the maximum
   allowed by statute; sentence was not unreasonable.