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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Defendant pleaded guilty to domestic assault. At sentencing, the district court found defendant’s guidelines range to be 30 to 37 months. The court upward departed, concluding defendant’s criminal-history category under-represented the seriousness of his criminal history and imposed a one-month downward variance from the revised guidelines range. Where an upward departure could be based on prior ...

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