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

123408P.pdf   06/07/2013  United States  v.  Bobby R. Olson
   U.S. Court of Appeals Case No:  12-3408
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges]
   Criminal case - Sentencing. While the court checked the box for Sec.
   5K2.0 in its written statement of reasons for departing upward, the
   section does not permit an upward departure on the basis of the ground
   the court stated at sentencing (criminal record); however, the court clearly
   expressed its intent to adjust defendant's offense level under Guidelines
   Sec. 4A1.3, and the court's clearly announced intent to depart under that
   section prevails over the check mark made on the written statement; the
   court did not err in departing upwards under Sec. 4A1.3; court considered
   the 3553(a) factors in determining sentence and did not impose a
   substantively unreasonable sentence.