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U.S. v. VAGENAS

No. 02-3298.

318 F.3d 819 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Wayne VAGENAS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2003.

Attorney(s) appearing for the Case

Ann M. Koszuth, Asst. Federal Public Defender, Springfield, MO, for appellant.

Richard E. Monrie, Asst. U.S. Atty., Springfield, MO, for appellee.

Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and WEBBER, District Judge.

LOKEN, Circuit Judge.

Rodney Wayne Vagenas pleaded guilty to mail theft in violation of 18 U.S.C. § 1708. The district court1 sentenced him to thirty months in prison and three years of supervised release. Vagenas appeals, arguing that the court abused its discretion when it departed upward from his guidelines sentencing range of twelve to eighteen months on the ground that "the likelihood of recidivism for Mr. Vagenas is high [and...

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