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

103108P.pdf   10/31/2011  United States  v.  Bryan Boneshirt
   U.S. Court of Appeals Case No:  10-3108
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Bright and Shepherd, Circuit Judges]
Criminal case - Sentencing. Appeal waiver would not be enforced as the record shows the district court did not discuss the appeal waiver with defendant; sentence was not substantively unreasonable as the court discussed the 3553(a) factors and did not err in giving weight to the need to protect the public from defendant, his post-arrest conduct, including an attempted escape, and the nature of the offense. Judge Bright, concurring in part and dissenting in part.