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

083361P.pdf   07/20/2009  United States  v.  Moises Gonzalez
   U.S. Court of Appeals Case No:  08-3361
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Smith, Author, with Riley and Colloton, Circuit Judges]
   Criminal Case - sentence. District court did not abuse its discretion in
   departing upward based on an underrepresented criminal history and in
   denying a request for a downward variance. District court considered
   appropriate factors and gave an adequate explanation for its decision to
   impose upward departure, accurately described defendant as a recidivists
   offender, and considered that the instant offense was committed while
   defendant was on probation.. District court properly weighed factors
   warranting downward variance and those that militated against a
   departure. Sentence was not unreasonable.