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U.S. v. Ashley, No. 97-1193 (2nd Cir.) (141 F.3d 63) (April 7, 1998) (Judge Amalya Lyle Kearse)

Court affirmed an upward departure based on the district court's evaluation that the criminal history category "significantly under-represents the seriousness of the defendant's criminal history or the likelihood that he would commit further crimes.

 

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