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                        as a courtesy to the reader. They are not part of the opinion of the court.

053023P.pdf   07/19/2006  United States  v.  Darren Alan Maurstad
   U.S. Court of Appeals Case No:  05-3023
                          and No:  05-3024
   District of South Dakota   
   [PUBLISHED] [Smith, Author, with Arnold and John R. Gibson, Circuit Judges]
   Criminal case - Sentencing. Extraordinary upward departure was
   reasonable because the Guidelines failed to adequately account for
   defendant's extraordinary criminal history; because the sentence imposed
   was within the statutory range, the appeal waiver contained in the plea
   agreement is enforceable, and the appeal is dismissed.