United States v. Bernadette A. Souza

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bernadette A. SOUZA, Defendant-Appellant. No. 92-10600. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * May 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Bernadette A. Souza appeals her 21-month sentence after guilty pleas to conspiracy to commit mail theft, aiding and abetting mail theft, and aiding and abetting the passing of false treasury checks in violation of 18 U.S.C. §§ 2 , 371, 510(a)(2) and (2), and 1708. Souza contends that the district court erred by departing upward from the applicable Guidelines range based upon her criminal history category. Souza also contends that the extent of the departure was unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 3 We consider the following three-prong test in evaluating a district court's decision to depart upward from…