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091057P.pdf   10/30/2009  United States  v.  Michael Smith
   U.S. Court of Appeals Case No:  09-1057
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Arnold, Author, with Bye and Smith, Circuit Judges]
   Criminal case - Sentencing. Appeal is dismissed under the appeal
   waiver in the plea agreement notwithstanding that there was no
   sentencing recommendation agreed to by the parties, as the waiver also
   involved all decisions as to the appropriate criminal history category. 
   Even if the government violated the agreement, the breach was harmless.