Unpublished Disposition, 933 F.2d 1016 (9th Cir. 1991)

MEMORANDUM^** 

Howard Frank Berkowitz pleaded guilty to possession of stolen mail in violation of 18 U.S.C. § 1708, and was sentenced to 18 months in prison. He appeals his sentence on two grounds.

Berkowitz first contends that he did not receive adequate notice of the district court's intention to depart upwards from the Sentencing Guidelines range. We reject this contention because the presentence report set forth the factors upon which the district court relied in its decision to depart. See United States v. Nuno-Para, 877 F.2d 1409, 1415 (9th Cir. 1989).

Berkowitz' second challenge to his sentence is equally unavailing. He argues that the district court was not entitled to depart based on the inadequacy of his criminal history. The basis for departure was the fact that Berkowitz had been convicted of eight similar offenses in the ten years preceding the instant offense. We have held that similarity between prior offenses and the offense at issue in a particular case is a proper basis for departure. United States v. Chavez-Botello, 905 F.2d 279, 281 (9th Cir. 1990).

Accordingly, the sentence is

AFFIRMED.