United States Fourth Circuit

Sentence affirmed where the district court's upward departure was an appropriate response to the court-s finding that defendant's criminal history category significantly underrepresented the seriousness of his criminal history and his likelihood of recidivism.

Appellate Information

• Decided 11/13/2003
• Published 11/13/2003

Judges

• Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Allen Bethea Burnside, Assistant Federal Public Defender, Columbia, SC, for Appellant.  John Michael Barton, Assistant United States Attorney, Columbia, SC, for Appellee.   ON BRIEF:J. Strom Thurmond, Jr., United States Attorney, Columbia, SC, for Appellee.