SCHWARTZ, Chief Judge.
Charged with attempted second degree murder, Pelier pled guilty after a plea negotiation to aggravated battery with a firearm. He was sentenced to a term in excess of the guidelines, which we reverse because neither of the grounds stated by the trial judge constitutes a cognizable basis for departure:
(a) That the "[d]efendant's actions show an utter disregard for human life" is impermissible both as inherent in the offense itself, see...
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