052709P.pdf   06/16/2006  United States  v.  Kenneth D. Hacker
   U.S. Court of Appeals Case No:  05-2709
                          and No:  05-3450
   District of South Dakota   
   [PUBLISHED] [Riley, Author, with Wollman and Fagg, Circuit Judges]
   Criminal case - Criminal law and Sentencing. District court did not
   abuse its discretion in imposing an upward departure under Guidelines
   Sec. 4A1.3 based on its belief that defendant's criminal history category 
   under-represented the seriousness and extent of his past criminal conduct;
   sentence which amounted to a 56% increase over the maximum
   guidelines range was not unreasonable or an abuse of the court's
   discretion; defendant's supervised release did not expire before
   Massachusetts district court transferred jurisdiction to South Dakota, and
   the district court had jurisdiction to revoke defendant's supervised
   release; challenge to revocation sentence would not be addressed as
   district court made the sentence concurrent to defendant's bank fraud
   conviction and that disposition complies with defendant's request for
   relief.