United States Tenth Circuit

Where the district court simply counted the number of convictions in excess of those required to reach criminal history category VI and increased the offense level proportionately to the excess convictions, it did not sufficiently provide a reasoned explanation justifying its seven-level upward departure.

Appellate Information

• Decided 03/27/2002
• Published 03/27/2002

Judges

• McKAY, Circuit Judge., Before SEYMOUR and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen J. Knorr, Tulsa, OK, for Defendant-Appellant., David E. O'Meilia, United States Attorney, and Neal B. Kirkpatrick, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee.