United States v. Harris , 186 F. App'x 512 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 22, 2006
Charles R. Fulbruge III
Clerk
No. 05-41545
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAIRE MARIE HARRIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-CR-295
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Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Claire Marie Harris appeals the sentence imposed following
her plea of guilty to possession of a counterfeit obligation of
the United States with intent to defraud. The district court
departed from the Sentencing Guidelines to sentence Harris to 24
months of imprisonment, twice the 12-month maximum under the
Guidelines, on the ground that Harris’s criminal history score
underrepresented the likelihood of repeated criminal wrongdoing.
*
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this opinion should not be published and is not precedent except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. 05-41545
-2-
We review “both the decision to depart and the extent of
that departure for abuse of discretion.” United States v.
Desselle, ___ F.3d ___, No. 05-30401, 2006 WL 1381875, *2 (5th
Cir. May 22, 2006). The district court did not abuse its
discretion by departing on grounds that Harris has repeatedly
committed the same type of crime, Harris was on supervised
release for that same crime, and prior sentences have failed to
deter Harris’s criminal conduct. See United States v. De
Luna-Trujillo, 868 F.2d 122, 125 (5th Cir. 1989); United States
v. Lee, 358 F.3d 315, 328 (5th Cir. 2004). Moreover, the 12-
month departure was not an abuse of discretion; we have affirmed
greater departures on similar grounds. See United States v.
Smith, 417 F.3d 483, 491-92 (5th Cir.), cert. denied, 126 S. Ct.
713 (2005).
AFFIRMED.