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113022P.pdf   07/19/2012  United States  v.  Benjamin Mendez, Jr.
   U.S. Court of Appeals Case No:  11-3022
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Melloy, Author, with Murphy and Colloton, Circuit Judges]
   Criminal case - Sentencing. The district court did not err in imposing an
   upward departure based on its conclusion that defendant's criminal
   history score was understated and that he was an incorrigible recidivist;
   double-counting type argument rejected.