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

221514P.pdf   06/06/2023  United States  v.  Francis Kistler
   U.S. Court of Appeals Case No:  22-1514
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Before Smith, Author, and Benton and Stras, Circuit Judges] 
   Criminal case - Sentencing. Any procedural error in granting an upward 
   departure is harmless where, as here, the district court makes it clear 
   that the sentence is also based on an upward variance under the 3553(a) 
   factors; the sentence is not substantively unreasonable, and the district 
   court weighed the 3553(a) factors and adequately explained its sentencing 
   decision.