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

101101P.pdf   04/11/2011  United States  v.  Rocio Ortiz
   U.S. Court of Appeals Case No:  10-1101
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Riley, Author, with Bye and Melloy, Circuit Judges]
   Criminal case - Sentencing. No error in allowing representatives of
   retailers victimized by defendant's shoplifting scheme to testify at
   sentencing regarding national losses; district court did not err in departing
   upward from criminal history category II to category VI or in adding a
   further offense level for criminal history; where court indicated it would
   impose the same sentence and for the same reasons, any procedural error
   in not discussing intermediate criminal history categories was harmless;
   district court adequately considered the 3553(a) factors and possessed a
   keen awareness of its authority to sentence outside the guidelines.