U.S. v. LITTLE

No. 90-6244.

938 F.2d 1164 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Ventura LITTLE, Sr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 22, 1991.


Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender, Oklahoma City, Okl., for defendant-appellant.

Leslie M. Kaestner, Asst. U.S. Atty. (Timothy D. Leonard, U.S. Atty., with her on the brief), Oklahoma City, Okl., for plaintiff-appellee.

Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge.


EBEL, Circuit Judge.

The issue on appeal is whether the district court in applying the United States Sentencing Guidelines erred in making an upward departure by increasing the defendant's criminal history rating. The district court correctly determined that the guidelines do not adequately take into account the severity of the defendant's crime. Further, the district court, in determining the extent of the upward departure, appropriately referred to an analogous...

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