Defendant's firearm possession sentence is affirmed where: 1) Defendant's unconvicted conduct provided the District Court with an appropriate ground for departure under U.S.S.G. section 4A1.3(a)(2)(E), and 2) Defendant's criminal history and propensity to recidivate placed him outside the heartland of typical cases considered in drafting the Guidelines.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
(D.C. No. 2:07-CR-20153-KHV)
Decided June 19, 2009
Before O'BRIEN and BALDOCK, Circuit Judges, and BRORBY, Senior Circuit Judge.
Opinion by BALDOCK, Circuit Judge.