United States v. Major , 181 F. App'x 431 ( 2006 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   May 12, 2006
    Charles R. Fulbruge III
    Clerk
    No. 05-30938
    Summary Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SUSAN MAJOR,
    also known as Susan Boniol,
    Defendant-Appellant.
    --------------------
    Appeals from the United States District Court
    for the Middle District of Louisiana
    USDC No. 3:04-CR-189
    --------------------
    Before JOLLY, DAVIS, and OWEN, Circuit Judges.
    PER CURIAM:*
    Susan Major appeals her sentence following her guilty-plea
    conviction for making false statements to a federally insured
    bank, in violation of 18 U.S.C. § 1014.     Major argues that the
    district court’s upward departure pursuant to U.S.S.G. § 4A1.3
    was an abuse of discretion and unreasonable in light of the
    factors that must be considered under 18 U.S.C. § 3553(a).        The
    district court determined that Major’s offense level was 19, her
    criminal history category was VI, and her guideline range was 63-
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 05-30938
    -2-
    78 months.   The district court departed upward to an offense
    level of 24 and imposed a sentence of 120 months.
    The district court explained that it was moving up
    incrementally to the higher offense level because Major’s
    criminal history score under-represented the seriousness of her
    criminal history and likelihood for recidivism under U.S.S.G.
    § 4A1.3.   The court determined that Major has a consistent and
    persistent history of fraudulent conduct, that she had previously
    been on probation or supervised release on three occasions, that
    she was on supervised release when she committed the instant
    offense, and that she continued to be deceptive by lying to
    investigating officers even after confessing to the instant
    offense.   The court indicated a belief that Major’s behavior was
    unlikely to change in the future and that Major had abused a
    position of trust.
    We conclude that the district court’s decision to depart was
    consistent with the objectives of 18 U.S.C. § 3553(a) and was not
    an abuse of discretion.   See United States v. Zuniga-Peralta, 
    442 F.3d 345
    , 347-48 (5th Cir. Mar. 2006); United States v. Smith,
    
    417 F.3d 483
    , 491-92 (5th Cir.), cert. denied, 126 S. Ct. (2005);
    see also United States v. Saldana, 
    427 F.3d 298
    , 312-13 (5th
    Cir.), cert. denied, 
    126 S. Ct. 810
    (2005).
    AFFIRMED.
    

Document Info

Docket Number: 05-30938

Citation Numbers: 181 F. App'x 431

Judges: Davis, Jolly, Owen, Per Curiam

Filed Date: 5/12/2006

Precedential Status: Non-Precedential

Modified Date: 8/2/2023