Fletcher
United States v. Fletcher
Opinion
Lead Opinion
MEMORANDUM *
Donald S. Fletcher, a federal prisoner, appeals the sentence entered by the district court. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
I
The district court did not abuse its discretion in upwardly departing from the United States Sentencing Guidelines. The record reflects that the district court properly complied with the departure analysis as set forth in United States v. Sablan, 114 F.3d 913, 916-17 (9th Cir.1997) (en banc).
The district court did not abuse its discretion by imposing a two-level upward departure in the criminal history category. Neither the Sentencing Guidelines nor case law confínes a district court to a one-level departure. See U.S.S.G. § 4A1.3; United States v. Richison, 901 F.2d 778, 781 (9th Cir.1990) (per curiam). In addition, the district court’s analysis of the methodology it was using to depart upward two levels was sufficient for us to ascertain why the district court departed upward two levels rather than one level, even though the district court did not explicitly explain why it did not enhance by only one level. See United States v. Starr, 971 F.2d…