United States v. Outlaw, No. 12-3577 (8th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to being a felon in possession and subsequently appealed his sentence. The court concluded that the district court did not err in granting an upward departure under U.S.S.G. 4A1.3(a) where a category VI criminal history under-represented defendant's criminal history and where the district court properly considered defendant's long history of committing assaults. The court also concluded that there was no reversible error where the district court's thorough explanation during the sentencing hearing negated any prejudice and fulfilled the purposes of the written-reasons requirement. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. The district court did not err in imposing an upward departure under Guidelines Sec. 4A1.3 on the ground defendant's criminal history category did not adequately represent the extent of his criminal activity; while the court's written statement of reasons did not elaborate on the basis for the departure, defendant suffered no prejudice because the court held a comprehensive sentencing hearing where it explained at length the reasons for the departure.
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