U.S. Court of Appeals for the Fifth Circuit, 2000

United States v. Taylor

United States v. Taylor
U.S. Court of Appeals for the Fifth Circuit · Decided December 13, 2000

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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