U.S. v. Martin, No. 00-10443 (9th Cir.) (278 F.3d 988) (January 29, 2002) (Judge Susan P. Graber)
Among the many issues covered in this lengthy decision was the defendant’s appeal from a two-level upward departure in his offense level, pursuant to the provisions of U.S.S.G. § 4A1.3. That vertical departure was imposed by the district court “based on the Defendant’s likelihood of recidivism.” In explaining its reasons ...
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