United States v. Michael Gayou

Michael Gayou challenges the district court’s upward departure from the calculated sentencing guideline range. Specifically, Gayou claims that the court erroneously determined that the defendant’s criminal history did not “adequately reflect the seriousness of the defendant’s past criminal conduct.” U.S.S.G. § 4A1.3. Gayou also contends that even if the court’s determination was correct, the extent of the departure was excessive and unreasonable. We vacate the sentence and remand for resentencing.

JURISDICTION

The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a)(3).

BACKGROUND FACTS

In early April, 1988, Gayou embarked upon a “shopping spree” in Montana and Utah. That “spree” ended three weeks later after he had written over $186,000 in checks with insufficient funds, and had purchased and sold deadly weapons.

As a result of these events, Gayou pled guilty to state charges in both Montana and Utah and to two counts of making false statements to purchase firearms. His sentencing on the latter counts is the subject of this appeal.

Prior to sentencing, the district court ordered that a presentence report be…