United States v. Taylor

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30341
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CAROLE A. TAYLOR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CR-20065-2
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February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Carole A. Taylor appeals the sentence imposed following her
guilty plea to conspiracy and theft of mail. She contends that
the district court abused its discretion in departing upward
pursuant to U.S.S.G. § 4A1.3, which provides for a departure when
the defendant’s criminal history category significantly
underrepresents her history or the likelihood that she may commit
further crimes. We find no clear error in the district court’s
findings that Taylor’s criminal history category underrepresented
the seriousness of her history and that her mental condition was

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No. 00-30341
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not a factor in the instant offense. See United States v. Laury,
985 F.2d 1293, 1310 (5th Cir. 1993). We also perceive no abuse
of discretion in the court’s decision to depart because of her
extensive criminal history. See id.
Taylor argues that, in any event, the extent of the district
court’s departure was unreasonable. We conclude that the court
did not abuse its discretion in this regard. See United States
v. Hawkins, 87 F.3d 722, 728 (5th Cir. 1996).
AFFIRMED.

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