United States v. John C. Kingston

STROM, District Judge.

John C. Kingston (“Kingston”) appeals from the sentencing decision of the district court. 1 We hold that the district court did not abuse its discretion in departing upward from the Sentencing Guidelines. Furthermore, we hold the amount of departure is sufficiently supported by evidence and not unreasonable. Finally, we hold that the district court’s refusal to grant defendant’s motion to depart downward for Kingston’s early restitution of $51,000 is non-reviewable.

Background

On September 10, 1999, a criminal complaint charged Kingston with the interstate transportation…