United States v. Donovan Gayle

JACOBS, Circuit Judge.

Defendant Donovan Gayle contests an upward departure in the sentence imposed upon him in the United States District Court for the Eastern District of New York (Block, /.). The district court justified the departure on the grounds that the criminal history category insufficiently reflected the likelihood of recidivism and that Gayle had previously received lenient treatment for his criminal activities. Gayle contends that the determination as to the likelihood of recidivism was predicated solely on his repeated commission of offenses that are similar, that the number of…