MINER, Circuit Judge:
Defendant-appellant Paul V. Bauers appeals from a judgment of conviction and sentence entered on January 31, 1994 in the United States District Court for the Southern District of New York (Sotomayor, J.) following a plea of guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341. The district court upwardly departed from the Sentencing Guidelines by increasing defendant's criminal history category one level on the ground...
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