Can a federal court depart upward from the criminal history category when determining the seriousness of an individual's criminal history?
MultiRegion, United States of America
The following excerpt is from U.S. v. Casias, 972 F.2d 1344 (9th Cir. 1992):
The district court departed upward, reasoning that appellants' criminal history category failed to represent adequately the seriousness of their past conduct, or the likelihood that they would commit other crimes. There is no question that the district court had legal authority to depart on this basis. See U.S.S.G. 4A1.3 (policy statement); United States v. Chavez-Botello, 905 F.2d 279, 281 (9th Cir.1990).
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