United States v. Harold Leroy Fisher

ALVIN B. RUBIN, Circuit Judge:

In sentencing a defendant who pleaded guilty to transporting a stolen truck in interstate commerce, the district court imposed a sentence of five years, which was within the statutory maximum, but in excess of the sentence of 30-37 months prescribed by the Sentencing Guidelines. The district court gave as its reason for doing so the fact that the defendant’s criminal history computed in accordance with the Guidelines did not adequately take into account the nature of the defendant’s criminal record, a factor that may be considered for upward departure when the…