United States v. Dustin Merrival

GOLDBERG, Judge.

In sentencing defendant-appellant Dustin Merrival (“defendant”), the district court departed upward from the United States Sentencing Commission Guidelines (“Guidelines”). Defendant appeals, claiming the departure was improper. We affirm.

I. BACKGROUND

Defendant began drinking at a party at 6:00 a.m. August 2, 1997. He continued drinking until he left the party at approximately 2:00 a.m. August 3. After leaving the party, defendant, accompanied by his girlfriend and her child, drove west on BIA Road 32. Two vehicles were parked off the road on an approach to BIA 32. As defendant…