Freitas

MEMORANDUM

This sentencing appeal challenges the district court’s decision to depart upward from offense level twelve and criminal history category IV (range of twenty-one to twenty-seven months) to offense level thirteen and criminal history category V (range of thirty to thirty-seven months) in Steven Gregory Freitas’s sentence for possessing stolen mail and a counterfeit postal service key. The claim is that the court improperly applied factors that relate only to criminal history to his offense level — in effect increasing his offense level without reason. Since the district court’s oral and written rulings reference the harmfulness of Freitas’s conduct, a proper ground for increasing his offense level, his appeal fails.

In its oral ruling, the district court specifically stated that it was adopting the findings and calculations found in the pre-sentence report. These findings and calculations include a recommendation to increase Freitas’s offense level from twelve to thirteen under Sentencing Guidelines § 2B1.1 because the loss used to deter *644 mine the total offense level does not fully capture the harmfulness of the conduct. By incorporating the presentence report…