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

081614P.pdf   03/03/2009  United States  v.  Michael James Schlosser
   U.S. Court of Appeals Case No:  08-1614
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Gruender, Author, with Murphy and Riley, Circuit Judges]
   Criminal Case - sentence. Following guilty plea to mail theft and bond
   revocation hearing, district court's grant of upward variance and sentence
   of 18 months imprisonment is affirmed. Consideration of incident report
   was not plain error, as report demonstrated sufficient indicia of 
   reliability; and delegating bond revocation hearing to a magistrate judge 
   was not error, as court did not rely on magistrate judge's findings of fact. 
   Thus, district court did not make significant procedural error. Sentence 
   was not substantively unreasonable.