Opinion of the Court — United States v. Fegurgur

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Type: Opinion of the Court
Filed: March 19, 2002
Case: United States v. Fegurgur
Case status: Decided

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MEMORANDUM ** Marie Q. Fegurgur appeals the 60-month sentence imposed following her *429 guilty plea conviction of possession of stolen mail, in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm. Fegurgur contends that the district court abused its discretion by departing upward from Criminal History Category VI based on aggravating circumstances that were adequately incorporated into her total offense level. A court may depart upward from the guidelines if the criminal history category “does not adequately reflect the seriousness of the defendant’s past criminal conduct or the likelihood that the defendant will commit other crimes ....” U.S. Sentencing Guideline Manual § 4A1.3 (1998). The district court cited several factors to justify the upward departure: (1) that Fegurgur’s eight prior convictions were all for theft related offenses; (2) that Fegurgur had been before the court on two prior occasions, and was sentenced to a total of 44-months prison including probation revocations; and (3) that Fegurgur’s relapse into the same criminal behavior demonstrated an increased likelihood that she would re-offend. The …

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