Heckendorn

MEMORANDUM **

John Darrell Heckendorn appeals his 71-month, concurrent sentences for several convictions arising out of a conspiracy to steal mail and to produce and use counterfeit identification in order to commit bank fraud, as well as a separate conviction for escape. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Heckendorn contends that the district court erred by departing upward two levels from the applicable guideline range based on the escalating seriousness of Heckendorn’s criminal activities and the fact that Heckendorn had committed the instant offenses shortly after escaping from a halfway house, while still serving the custodial portion of a prior sentence. We review the district court’s decision to impose an upward departure for abuse of discretion. United States v. Roston, 168 F.3d 377, 378 (9th Cir.1999).

Heckendorn essentially argues that the record did not support the district court’s finding that the seriousness of his offense and criminal history were not adequately addressed by the otherwise applicable guideline. We cannot agree.

The record demonstrates that Heckendorn had engaged in a series of crimes of escalating…