United States v. Michael R. Griess

In sentencing Michael R. Griess, the district court departed upward from the guidelines-specified sentence. Griess appeals, claiming that the departure was improper. We affirm.

I. BACKGROUND

In October 1989, Griess was charged with one count of making a false declaration while testifying before a grand jury, in violation of 18 U.S.C. § 1623(a), three counts of distributing marijuana, each in violation of 21 U.S.C. § 841, and one count of distributing cocaine, also in violation of 21 U.S.C. § 841. In March 1990, Griess was convicted on all counts.

Griess’s presentence investigation report (PSI)…