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U.S. v. MOORE

No. 90-2226.

931 F.2d 3 (1991)

UNITED STATES of America, Appellee, v. James Owen MOORE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 23, 1991.

Attorney(s) appearing for the Case

Rubin G. Segal, Portland, Me., argued, for defendant, appellant.

Nicholas M. Gess, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., and F. Mark Terison, Asst. U.S. Atty., Portland, Me., were on brief, for the U.S.

PER CURIAM.

This is a single issue criminal appeal wherein defendant-appellant James Owen Moore assigns error to the district court's resort to an upward departure in formulating Moore's sentence. We affirm.

On September 18, 1990, Moore pled guilty to three counts charging possession of stolen mail (viz., United States Treasury checks) in violation of 18 U.S.C. § 1708. A presentence report was ordered. After considering objections to it, the court fixed...

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