United States v. Melvin King

MEMORANDUM

Appellant Melvin King appeals his 67-month sentence for distribution of crack cocaine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). Defendant contends that the district court erred in departing upward from the Sentencing Guidelines and in failing to give adequate notice of its intent to depart. We affirm.

A. Upward Departure

Defendant argues that the court erred in departing upward under U.S.S.G. § 4A1.3(a). We review “the district court’s interpretation of the Sentencing Guidelines de novo, [its] application of the Sentencing Guidelines to the facts of a case for abuse of discretion, and [its] factual findings for clear error.” United States v. Grissom, 525 F.3d 691, 696 (9th Cir.2008) (internal quotation marks omitted).

First, the district court adequately explained its ruling. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc) (noting that it is procedural error “to fail adequately to explain the sentence selected, including any deviation from the Guidelines range”). Although the court did not list each prior act by Defendant that formed a basis for its decision, it did list the factors underlying its decision and tied those factors…