United States v. James Steven Trexler

972 F.2d 1347 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James Steven TREXLER, Defendant-Appellant. Nos. 91-50235, 91-50247. United States Court of Appeals, Ninth Circuit. Submitted June 2, 1992. * Decided July 22, 1992. 1 Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and LYNCH ** , District Judge. 2 MEMORANDUM *** 3 James Trexler challenges the validity of his sentence, which reflects an upward departure under the Sentencing Guidelines. 4 The Sentencing Guidelines permit departures only if "there exists an aggravating or mitigating circumstances of a kind, or to a degree that was not adequately taken into consideration by the Sentencing Commission in formulating the Guidelines." 18 U.S.C. § 3553 (b). 5 Where a district court departs upward based on an under-represented criminal history, the reviewing court must consider (1) whether the district court specified which events in a defendant's criminal…