IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30825
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLENDA D. SIMMONS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 96-CR-5-B-M2
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April 16, 1997
Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Glenda D. Simmons appeals her sentence following a guilty
plea conviction for making false claims for federal income tax
refunds in violation of 18 U.S.C. §§ 2, 287. Simmons contends
that the district court abused its discretion when it upwardly
departed from the applicable sentencing guidelines range. The
district court adequately articulated its reasons for arriving at
its final sentence by discussing the seriousness of Simmons’
*
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that this opinion should not be published and is not precedent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. 96-30825
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prior convictions and its opinion that the applicable Criminal
History Category did not adequately reflect the seriousness and
extent of her past crimes. See United States v. Daughenbaugh, 49
F.3d 171, 175 (5th Cir.), cert. denied, 116 S. Ct. 258 (1995);
United States v. Lambert, 984 F.2d 658, 662 (5th Cir. 1983)(en
banc). Since the district court offered acceptable reasons for
the departure and the departure was reasonable in light of the
circumstances, there was no abuse of discretion. See Lambert,
984 F.2d at 663. As no abuse of discretion has been shown, the
district court’s upward departure is AFFIRMED. See Daughenbaugh,
49 F.3d at 175.
AFFIRMED.