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U.S. v. GAYOU

No. 89-30096.

901 F.2d 746 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael GAYOU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion January 30, 1990.

Opinion Withdrawn February 12, 1990.

Decided April 13, 1990.

Attorney(s) appearing for the Case

James T. Ranney, Missoula, Mont., for defendant-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, Mont., for plaintiff-appellee.

Before CANBY, WIGGINS and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Michael Gayou challenges the district court's upward departure from the calculated sentencing guideline range. Specifically, Gayou claims that the court erroneously determined that the defendant's criminal history did not "adequately reflect the seriousness of the defendant's past criminal conduct." U.S.S.G. § 4A1.3. Gayou also contends that even if the court's determination was correct, the extent of the departure was excessive and...

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