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052836P.pdf   05/02/2006  United States  v.  Dan Kendall
   U.S. Court of Appeals Case No:  05-2836
   Eastern District of Missouri   
   [PUBLISHED] [Bye, Author, with Heaney and Melloy, Circuit Judges]
   Criminal case -Sentencing. Sentencing court may vary upwards under
   18 U.S.C. Sec. 3553(a) despite failing to depart upwards under guidelines
   section 4A1.3; facts of the case did not warrant the substantial upward
   variance imposed by the district court, and the case is remanded for
   resentencing.