United States v. De Rivas

SUMMARY ORDER

Defendant Norberto De Rivas, who defrauded various branches of the Home Depot across 17 states of a total of $77,577.90 by using false bar codes to purchase items and false driver’s licenses to make fraudulent returns, appeals his 72-month prison sentence, an upward departure from his 37-to-46-month Guidelines range. De Rivas asserts that the sentence is substantively unreasonable because the district court relied on arrests and pending charges, unreasonably found his criminal history to be understated, and placed undue weight on his tattoo of a bar code on the back of his neck.…