Jones

MEMORANDUM *

Royal Gene Jones appeals the sentence imposed following his guilty plea to solicitation to commit a crime of violence, bank robbery, in violation of 18 U.S.C. § 373 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Federal Rule of Criminal Procedure 32(h) requires a district court to give *334 “the parties reasonable notice that it is contemplating ... departure” from the applicable Guideline range “on a ground not identified for departure either in the presentence report or in a party’s prehearing submission.... The notice must specify any ground on which the court is contemplating a departure.” See also Burns v. United States, 501 U.S. 129, 138-39 , 111 S.Ct. 2182 , 115 L.Ed.2d 123 (1991). In this case, Jones’s Pre-Sentence Report (“PSR”) contained language noting that the section was “included as notice to all parties that this may be an issue warranting departure.” The PSR also noted that United States Sentencing Guidelines (“U.S.S.G.”) § 4A1.3(a)(l) “may constitute grounds for an upward departure.” Therefore, as to the issue of the inadequacy of Jones’s criminal history, the district court did not need to provide further notice that it might…