U.S. v. Chunza-Plazas, No. 94-1009 (2nd Cir.) (45 F.3d 51) (January 23, 1995) (Judge George C. Pratt)
The Court limited its consideration of a § 4A1.3 upward departure to the 5 specific factors in the guideline, rejecting the government's attempt to expand the reach of factor (e) to "authorize use of nonsimilar conduct that did not result in a conviction".
In this case Judge Nickerson increased a …
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