United States v. Quintin L. Beck

Quintín L. Beck appeals his sentence imposed after pleading guilty to being a felon in possession of a firearm. He argues that the district court erred by departing upward from the applicable sentencing guideline range. We affirm the district court’s decision to depart, but we vacate and remand for resentencing to allow the court to explain the extent of its departure.

DISCUSSION

Beck argues that the district court erred by departing upward on the basis of juvenile sentences which were excluded from his criminal history category calculation. We conclude that the district court did not err in its decision to depart. Departure is permitted when “reliable information indicates that the criminal history category does not adequately reflect the seriousness of the defendant’s past criminal conduct.” U.S.S.G. § 4A1.3. The guidelines allow an upward departure based on uncounted sentences when the sentences are “evidence of similar ... misconduct.” U.S.S.G. § 4A1.2 comment. (n. 8). There is no dispute that Beck’s juvenile offenses were similar to the instant offense. The district court was thus entitled to depart upward based on Beck’s juvenile sentences. See United States v. Thomas, 961…