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

101127P.pdf   10/29/2010  United States  v.  Tony Ferguson
   U.S. Court of Appeals Case No:  10-1127
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Arnold and Gruender, Circuit
   Judges]
   Criminal case - Sentencing. District court imposed an upward variance
   and was not required to follow the procedural requirements for departure;
   district court engaged in an analysis of the 3553(a) factors, including the
   nature and circumstances of the offense, defendant's characteristics and
   history and the need for deterrence; district court's deterrence findings
   were not clearly erroneous; in case where defendant, an inmate, brought
   illegal contraband, including marijuana, into a federal prison, the district
   court did not err in determining that the need to deter such conduct
   justified an upward variance; 60 month sentence did not constitute an
   Eighth Amendment violation.