Preacher

MEMORANDUM **

Luke Ammon Preacher appeals his 168-month sentence following a conviction by guilty plea to one count of aggravated sexual abuse, in violation of 18 U.S.C. § 2241 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Preacher contends that the district court erred by departing upward from criminal history category III category IV based on uncounted tribal convictions because: it failed to specify how the tribal court convictions had not been adequately represented in Preacher’s criminal history; how Preacher’s criminal history was more serious than other defendants in category III; and because the tribal court convictions are not of a sufficiently serious nature to warrant departure. We review de novo whether the grounds relied upon by the district court are sufficient to warrant an upward departure and for an abuse of discretion, the extent of such a departure. United States v. Lopez-Alvarez, 970 F.2d 583, 589 (9th Cir.1992).

When departing upward, a district court must explain the reasoning for both the direction and degree of its departure in sufficiently specific language to allow us to conduct a meaningful review. United States v. Streit,…