071212P.pdf   12/11/2007  United States of America  v.  Darrell Jones
   U.S. Court of Appeals Case No:  07-1212
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Gruender, Author, with Chief Judge Loken and
   Benton, Circuit Judges]
   Criminal Case - sentence. Upward variance based on misconduct in jail
   pending sentencing and denial of credit for acceptance of responsibility
   are affirmed. 52% variance or 4-offense level increase from upper end of
   Guidelines range was not an abuse of discretion or unreasonable. Extent
   of variance was not extraordinary. Use of misconduct for both variance
   and denial of acceptance of responsibility credit, while it stretches the
   outer bounds of what is reasonable, was not an abuse of discretion. 
   District court did not err in imposing upward variance even if it rejected
   upward departure. District court properly considered section 3553(a)
   factors.