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

082450P.pdf   01/26/2009  United States  v.  John C. Walking Eagle
   U.S. Court of Appeals Case No:  08-2450
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Riley, Author, with Wollman and Bye, Circuit Judges]
Criminal case - Sentencing. District court committed no procedural error in departing upward under Guidelines Sec. 4A1.3(a) on the ground defendant's criminal history category significantly underrepresented the seriousness of his past offenses and the likelihood that he would re- offend; sentence was not unreasonable.