Robley

MEMORANDUM **

Josiah Israel Robley appeals his 33-month sentence imposed following a guilty plea conviction for a mail fraud/lawyer impersonation scheme in violation of 18 U.S.C. § 1341 . This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We review a district court’s decision to depart from the calculated criminal history category for abuse of discretion, and we affirm. See United States v. Martin, 278 F.3d 988, 1001-02 (9th Cir.2002).

Robley’s main contention is that his conduct was not sufficiently serious to warrant an upward departure in his criminal history category. The record belies this contention. His uncounted Canadian conviction alone is sufficient to justify the upward departure. See United States v. Connelly, 156 F.3d 978, 985 (holding that theft of at least $2000 through credit card fraud and forgery is serious and supports horizontal departure); see also United States v. Myers, 41 F.3d 531, 534 (9th Cir.1994) (affirming the district court’s upward departure and holding that $1690 obtained by wire fraud is serious conduct).

Robley also contends that the district court made insufficient findings regarding whether his criminal history was significantly more…