U.S. v. PENNINGTON

No. 93-7074.

9 F.3d 1116 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Dale PENNINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1993.


Attorney(s) appearing for the Case

James D. Franks, Hernando, MS (Court-appointed), for defendant-appellant.

Paul D. Roberts, Asst. U.S. Atty., AUSA, Robert Q. Whitwell, U.S. Atty., Oxford, MS, for plaintiff-appellee.

Before VAN GRAAFEILAND, SMITH, and WIENER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Larry Pennington appeals the upward departure from the Sentencing Guidelines range for his conviction on two counts of conspiracy to violate federal laws. Although we find that an upward departure was appropriate, we conclude that the district court misapplied the guidelines' upward departure methodology, so we remand for resentencing.

I.

On January 25, 1992, Pennington and others broke into a trucking depot in Batesville...

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