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01-1003 U.S. v. Peterson

By: dmc-admin//July 9, 2001//

01-1003 U.S. v. Peterson

By: dmc-admin//July 9, 2001//

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“The district court in this case structured its upward departure from the PSR’s suggested offense level of 11 to an offense level of 13 by increasing one offense level for Peterson’s first three criminal history points in excess of the 13 required for category VI and one additional level for the remaining criminal history points. This court has found similarly structured upward departures to be ‘reasonable and sufficiently linked to the structure of the guidelines.’ McKinley, 84 F.3d at 910-11 (affirming upward departure pursuant to section 4A1.3 where the district court ‘added one offense level for every three of [defendant’s] criminal history points that exceeded 15’); see also Ewing, 129 F.3d at 437 (same). Thus, we find that the district court’s upward departure was both reasonable and sufficiently linked to the structure of the Sentencing Guidelines.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Shabaz, J., Kanne, J.

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