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U.S. v. ROGERS
917 F.2d 165 (1990)
United States Court of Appeals, Fifth Circuit.
October 31, 1990.
U.S.S.G. § 4A1.3 (policy statement) (emphasis added). In light of section 4A1.3, "this Court has repeatedly held that an upward departure from the guidelines because a criminal history category does not adequately reflect a defendant's past criminal history is not improper." United States v. Harvey,897 F.2d 1300, 1306 (5th Cir.1990). The district court did not abuse its discretion by departing from the guidelines. See United States v. Roberson,872 F.2d 597, 601 (5th Cir.), cert. denied, ___ U.S. ___, 110 S.Ct. 175, 107 L.Ed.2d 131 (1989). Rogers also attacks the reasonableness of the departure made. However, once a district court has stated appropriate reasons allowing departure, "the precise length of the sentence [based on the departure] need not be justified." Geiger, 891 F.2d at 514. Because Rogers' sentence does not exceed the maximum sentence provided by statute, he may not challenge the additional term the district court applied after its point of departure. Id. "Nothing ... requires the sentencing judge to justify his choice of sentence further by explaining, for example, why 120 months is more appropriate than 100 months." Roberson, 872 F.2d at 607. C. Articulation of Reasons for Departure Rogers last argues that the district court failed to articulate specific reasons for departure. While the district court must articulate reasons permitted by the guidelines for departure, its finding that criteria for departure exist is reviewed on appeal under the "clearly erroneous" standard. Roberson, 872 F.2d at 607. The district court's reasoning set out above clearly based the departure on Rogers' excessive criminal history. "It is enough that, as here, the sentencing judge
addresses the defendant's arguments and complies with applicable legal limits in a manner that is comprehensible when the sentencing hearing is viewed in the context of the record — including the presentence investigation — as a whole." United States v. Lopez-Escobar,884 F.2d 170, 173 (5th Cir.1989). We do not subject the district court's form of words to such legalistic analysis that will either make a judge reluctant to sentence outside the guidelines when appropriate, or encourage a judge to state his reasons in a standardized manner. United States v. Mourning,914 F.2d 699, 708 (5th Cir.1990). The court could have linked its departure here to reasoning in past cases, or spoken at greater length of Rogers' background, recidivism and criminal propensity. However, its failure to do so does not constitute error. The statement made was completely adequate. III.
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