United States v. Henry Fayette

HATCHETT, Circuit Judge.

In this sentencing guidelines case, we are asked to determine whether the district court erred when it departed from the Federal Sentencing Guidelines on the basis of post-plea criminal conduct. Holding that the district court should have, considered adjusting the criminal history category, instead of making an unguided departure from the Sentencing Guidelines, we vacate the sentence and remand this case to the district court for resentencing.

FACTS AND PROCEDURAL HISTORY

In May, 1988, Henry Fayette paid Denise Montes, an officer with the Immigration and Naturalization…