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U.S. v. SHOUPE

No. 93-7399.

35 F.3d 835 (1994)

UNITED STATES of America, v. Kenneth SHOUPE, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 19, 1994.

Attorney(s) appearing for the Case

D. Toni Byrd (Argued), Office of Federal Public Defender, Williamsport, PA, for appellant.

Barbara K. Whitaker (Argued) Office of U.S. Atty., Scranton, PA, for appellee.

Before: SCIRICA and ALITO, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This criminal appeal presents a narrow legal issue: whether a sentencing court may depart downward on a defendant's base offense level if the defendant's career offender status overrepresents his criminal history and likelihood of recidivism. In Kenneth Shoupe's previous appeal we held that under these circumstances a sentencing court may depart downward in the criminal history category. See United States v...

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