United States v. Richard R. Starnes

Richard R. Starnes was charged in an eight-count indictment with possessing altered money orders, in violation of 18 U.S.C. § 500. He pleaded guilty to Count 1 of the indictment in exchange for the government’s dismissal of the remaining seven counts. A presentence report was prepared, which yielded a guidelines range of 15 to 21 months imprisonment. The district court departed upward from the guidelines range, imposing the statutory maximum of five years. Starnes objected to the lack of prior notice of the district court’s intention to depart upward and to the extent of the departure. The…