United States of America v. Thomas H. Allen, Appellant, 948 F.2d 782 (D.C. Cir. 1992)

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of counsel. The court is satisfied that appropriate disposition of the case does not warrant a published opinion. See D.C. Cir. Rule 14(c).

At the time of the sentence at issue, defendant Allen's record included eleven convictions over a nineteen-year span. In view of Allen's record of recidivism, the district judge was justified in concluding that the sentencing guidelines did not adequately reflect defendant's long history of criminal activity. On that sufficient and independent ground, the upward departure was proper. See United States v. Jones, No. 90-3266, slip op. at 18-19 (D.C. Cir. Oct. 25, 1991). Accordingly, it is

ORDERED and ADJUDGED that the sentence from which this appeal has been taken be affirmed.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R. 15(b) (2).