Is there any case law where a defendant's criminal history category does not reflect his propensity to commit crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Segura-Del Real, 83 F.3d 275 (9th Cir. 1996):
Id. (emphasis added). See United States v. Durham, 941 F.2d 858, 863 (9th Cir.1991)(affirming departure where district court cited defendant's "extensive criminal history, his continued involvement in crime, and the increased violence of those crimes as evidence that [the defendant's] criminal history category did not reflect his propensity to commit crime") (emphasis added).
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