RONALD LEE GILMAN, Circuit Judge. A. William Erpenbeck, Jr. pled guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344. Before he was sentenced, he also pled guilty to participating in a conspiracy to obstruct justice by interfering with his sentencing proceeding, in violation of 18 U.S.C. § 371. The court then sentenced Erpenbeck to 300 months of imprisonment for bank fraud with a concurrent sentence of 60 months for obstruction of justice. This resulted in a final sentence that was 65 months above the district court’s calculation of the applicable Guidelines range for the bank-fraud charge.

Erpenbeck argues on appeal that his sentence is procedurally and substantively unreasonable and that the district court violated Rule 32(h) of the Federal Rules of Criminal Procedure by failing to provide him with proper notice that it was considering an upward departure. The government has conditionally cross-appealed, arguing that if we find that a resentencing is warranted, we should correct the district court’s Guidelines determination as to the amount of actual loss and the number of victims. The government made clear in its briefs and at oral argument, however, that if we conclude that Erpenbeck’s arguments are without merit, the government waives all of the issues raised in its cross-appeal. Because of our conclusion that Erpenbeck’s arguments are without merit, and that any errors made by the district court in calculating Erpenbeck’s sentence either militate in Erpenbeck’s favor or are harmless, we AFFIRM the judgment of the district court.

RONALD LEE GILMAN, Circuit Judge. From 2000 to 2003, S.S. was a student at the Model Laboratory Middle School (Model), which is operated by Eastern Kentucky University (EKU) to train student teachers under the supervision of certified teachers. S.S. has various disabilities, including cerebral palsy, attention deficit/hyperactivity disorder, dyslexia, pervasive developmental disorder, and post-traumatic stress disorder. During his attendance at Model, S.S. was involved in numerous physical and verbal altercations with other students, leading S.S. to complain that he was being bullied and harassed. Model investigated the incidents as they occurred, determining that some were initiated by S.S. and some were initiated by other students. In response, Model took various steps as the school administration deemed appropriate, including interviewing S.S. and his classmates, disciplining the students that it found to be culpable, monitoring S.S., and at times separating S.S. from his harassers.

S.S. left Model after successfully completing the sixth, seventh, and eighth grades. He subsequently filed suit against EKU, Model’s director Jacqueline Vance, and Model’s psychologist Ellen Rini, alleging that the defendants had discriminated against him on the basis of his disability, in violation of both federal and state law. The district court granted summary judgment in favor of the defendants. For the reasons set forth below, we AFFIRM the judgment of the district court.

SUTTON, Circuit Judge. Heather Ellison asks us to reinstate her tort claim against the United States under the Federal Tort Claims Act. Because she filed this lawsuit almost seven months after the Postal Service denied her claim, because the Act requires claimants to file their claims within six months of the agency’s written denial of the claim and because her alternative readings of the Act are unconvincing, we affirm.