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042895P.pdf   07/14/2005  United States  v.  James Shannon
   U.S. Court of Appeals Case No:  04-2895
   District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Wollman and Hansen, Circuit 
   Judges] 
   Criminal Case - sentencing. Sentence after Blakely decision in which 
   district court sentenced defendant to 58 months when guideline range was 
   6-12 months is affirmed, as upward departure was not unreasonable. 
   District court did not err procedurally or substantively. Decision to 
   depart upward was supported by several aggravating circumstances.