DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

001325P.pdf   11/13/2000  USA  v.  Martin J. Uphoff
   U.S. Court of Appeals Case No:  00-1325
   District of South Dakota   
  Criminal case. Conviction for arson and intentionally damaging a 
   facility providing reproductive health services and 60 month sentence 
   is affirmed. District court did not abuse its discretion in denying mistrial 
   after references to Waco and Oklahoma City because curative instruction 
   remedied any prejudice. Sentence did not violate Eighth Amendment and 
   district court did not err in failing to depart downward from mandatory 
   minimum sentence because it had no authority to depart.