Opinion
CR 01-1274 (JBW)
October 3, 2002
MEMORANDUM AND ORDER
The court made a number of adjustments and departures fully explained orally on the record. One modification of the Guideline calculation about which the court, counsel and probation expressed some dubiety was the reduction of defendant's career history designation from VI to II.
The statutory career criminal required status is VI. Nevertheless, for the reasons stated at sentencing based upon findings after an evidentiary history, reduction to II was available and appropriate. See e.g., Unites States v. Mishoe, 241 F.3d 214, 218 (2d Cir. 2001); United States v. Adkins, Jr., 937 F.2d 947 (4th Cir. 1991); United States v. Moore, 209 F. Supp.2d 180 (D.C. D.C. 2002).