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

113414P.pdf   09/27/2012  United States  v.  Wayman Simms
   U.S. Court of Appeals Case No:  11-3414
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
   Criminal case - Sentencing. District court did not err in assessing three 
   criminal history points for each of defendant's theft convictions as they 
   were separate offenses; any error in imposing a criminal history point for 
   defendant's petty offense conviction was harmless in light of the district 
   court's statement that it would impose the same sentence without or without 
   the point; denial of downward departure request was unreviewable.