111073P.pdf   12/22/2011  United States  v.  Kelly James Maxwell
   U.S. Court of Appeals Case No:  11-1073
                          and No:  11-1074
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Wollman and Benton, Circuit Judges]
   Criminal case - Sentencing. Defendant Maxwell's sentence was not
   substantively unreasonable and the district court did not err in varying
   upward in Maxwell's case; the difference in the sentences imposed on
   defendants Maxwell and Smith was justified by legitimate distinctions in
   their conduct and backgrounds; district court did not err in denying
   Maxwell's request for a downward variance based on his mental condition
   and intellectual abilities; record clearly showed the district court
   considered and rejected Smith's request for a downward departure under
   Guidelines Sec.5K2.12, and even if the court erred in not explicitly
   referencing the section Smith could not show she would have received a
   lesser sentence but for the alleged error; district court applied the 3553(a)
   factors to Smith and imposed a substantively reasonable sentence.