No. 91-10215.

971 F.2d 357 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Alan STARR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1992.

Attorney(s) appearing for the Case

Candace A. Fry, Sacramento, Cal., for defendant-appellant Robert Alan Starr.

Thomas E. Flynn, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee U.S.

Before: FLETCHER, POOLE, and BRUNETTI, Circuit Judges.

POOLE, Circuit Judge:

Defendant Robert Alan Starr was sentenced to eighty-seven months in federal prison under the Sentencing Guidelines upon conviction on three counts of bank robbery. Starr appeals his sentence, arguing that the district court (1) improperly relied upon an unadjudicated probation violation as a basis for upward departure; (2) failed to provide adequate notice that it would also base the upward departure on two prior convictions not considered in...

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