United States v. Charles Eagle Pipe

LOKEN, Circuit Judge.

Charles Eagle Pipe pleaded guilty to domestic assault by an habitual offender in violation of 18 U.S.C. § 117 . At sentencing, the district court 1 determined that Eagle Pipe's advisory guidelines range was 30 to 37 months imprisonment. The court departed upward because Eagle Pipe's criminal history category substantially under-represented the seriousness of his criminal history, see USSG § 4A1.3(a)(1), and imposed a forty five month sentence, a one month downward variance from the revised guidelines range. Eagle Pipe appeals the sentence, asserting that the court…