US v. Gonzalez, No. 08-3361

Sentence for drug crimes is affirmed where: 1) the district court did not abuse its discretion in departing upward for underrepresentaion of criminal history pursuant to U.S.S.G. sec. 4A1.3 as the court considered the appropriate factors and gave an adequate explanation for its decision to impose the upward departure; and 2) the court did not abuse its discretion in denying a downward variance as it properly weighed the factors warranting downward variance and those that militated against a departure.    

Read US v. Gonzalez, No. 08-3361

Appellate Information
Appeal from the United States District Court for the Northern District of Iowa.
Submitted: May 15, 2009
Filed: July 20, 2009

Judges
Before RILEY, SMITH, and COLLOTON, Circuit Judges.
Opinion by SMITH, Circuit Judge.