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052995P.pdf   12/23/2005  United States  v.  Jason Long Soldier
   U.S. Court of Appeals Case No:  05-2995
   District of South Dakota   
   [PUBLISHED][Gruender, Author, with Murphy and McMillian, Circuit Judges]
   Criminal Case - sentencing. District court's comment that upward
   departures were abolished by Booker was harmless error. Upward
   variance does not require Rule 32(h) notice. Denial of acceptance of
   responsibility reduction was not clear error given conduct in violating
   bond, failing seek treatment for alcoholism, remaining unemployed and
   failure to pay restitution. District court's failure to cite section 
   3553(a) is not error per se and court did err in imposing enhancement 
   considering factors, which satisfy the reasonableness test.