United States v. Rodney Wayne Vagenas

LOKEN, Circuit Judge.

Rodney Wayne Vagenas pleaded guilty to mail theft in violation of 18 U.S.C. § 1708. The district court 1 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] the sentencing guidelines for this particular offense do not adequately address the likelihood of recidivism.” We affirm.

Part 4A of the Sentencing Guidelines…