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

092323P.pdf   08/03/2010  United States  v.  Homer Cook, II
   U.S. Court of Appeals Case No:  09-2323
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Riley, Author, with John R. Gibson, and Murphy,
   Circuit Judges]
   Criminal case - Sentencing. District court did not abuse its discretion by
   departing upward based on its finding that defendant's criminal history
   under-represented the seriousness of his record and the likelihood of
   recidivism.