Ranger-Crouchet
United States v. Ranger-Crouchet
Opinion
Lead Opinion
MEMORANDUM *
Dustin Victor Ranger-Crouchet challenges the district court’s decision to depart upwardly from the otherwise applicable United States Sentencing Guidelines range. He argues that at least one of the court’s grounds for departure was clearly erroneous, and that in any event, the district court failed to set forth why his record is significantly more serious than that of others in Criminal History Category VI. See United States v. Carrillo-Alvarez, 3 F.3d 316 , 323 — 25 (9th Cir.1993).
Ranger-Crouchet first asserts that there is no basis in the record to suggest that, “[djespite the serious nature of the assaults, all of them were pled down to a misdemeanor level not fully taking into account the seriousness of the offenses.” We must “accept the findings of fact of the district court unless they are clearly erroneous.” 18 U.S.C. § 3742 (e).
The district court’s “pled down” finding was apparently drawn from an almost-verbatim statement in the probation department’s Sentencing Recommendation justification. However, other than this lone, unsupported conclusion, the record reveals no evidence indicating that Ranger-Crouchet ever pled any felony assault charges down to a…