United States v. Lavonne Jean Leaf

RILEY, Circuit Judge.

LaVonne Jean Leaf (Leaf) pled guilty to one count of voluntary manslaughter, a violation of 18 U.S.C. §§ 1112 & 1153. In sentencing Leaf, the district court 1 departed upward the equivalent of four criminal history categories based on uncharged criminal conduct. On appeal, Leaf challenges the facts relied upon to support the departure, the extent of the departure, and the constitutionality of using uncharged criminal conduct to enhance her sentence. We affirm.

I. BACKGROUND

On December 27, 2000, Leaf had an argument with her boyfriend, Thomas Wells (Wells). Later that day,…