U.S. v. LOPEZ

No. 88-2962 Summary Calendar.

871 F.2d 513 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Esperanza LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 14, 1989.


Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, H. Michael Sokolow, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this Sentencing Guidelines ("Guidelines") case we are confronted with a significant question concerning the appropriateness of departure from the Guidelines. Specifically, we must determine whether it is proper to disregard the Guidelines based upon the finding that a defendant's criminal history score inadequately accounts for her past conduct and propensity to commit future crimes, when the sentencing court instead could have considered...

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