United States v. Taylor

U.S. Court of Appeals for the Fifth Circuit

United States v. Taylor

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30343 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANGELA M. TAYLOR, also known as Angela M. Daigle,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CR-20064-1 -------------------- December 13, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Angela M. Taylor appeals the sentence imposed following her

guilty plea to theft or receipt of stolen mail matter.

She contends that the district court abused its discretion

in departing upward pursuant to U.S.S.G. § 4A1.3, which provides

for a departure when the defendant’s criminal history category

significantly underrepresents her history or the likelihood that

she may commit further crimes. We find no clear error in the

district court’s finding that Taylor’s criminal history category

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-30343 -2-

underrepresented the seriousness of her history. See United

States v. Laury,

985 F.2d 1293, 1310

(5th Cir. 1993). We also

perceive no abuse of discretion in the court’s decision to depart

on that basis. See

id.

Taylor argues that, in any event, the extent of the district

court’s departure was unreasonable. We conclude that the court

did not abuse its discretion in this regard. See United States

v. Hawkins,

87 F.3d 722, 728

(5th Cir. 1996).

AFFIRMED.

Reference

Status
Unpublished