United States v. Brocchini

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30345 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DIVO JOHN BROCCHINI,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CR-60039 - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Divo John Brocchini appeals his sentence for theft or

receipt of stolen mail, a violation of 18 U.S.C. § 1708. The

district court did not abuse its discretion in departing upward

from the guidelines based upon the inadequacy of Brocchini’s

criminal history category, which did not adequately reflect the

extremely high likelihood of recidivism. The district court

offered acceptable reasons for the departure, and the departure

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-30345 - 2 -

was reasonable. See United States v. Lambert, 984 F.2d 658, 663

(5th Cir. 1993)(en banc).

AFFIRMED.