IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-41223
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROCKY BERT COZZENS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
(USDC No. 1:96-CR-61-1)
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August 1, 1997
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Rocky Bert Cozzens appeals his sentence after being convicted
of transporting a stolen motor vehicle in interstate commerce.
Cozzens contends that the district court abused its discretion in
departing upward. We have reviewed the record and the briefs of
the parties and hold that the district court did not follow the
proper methodology in departing upward.
*
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that this opinion should not be published and is not precedent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.
When departing above criminal history category VI, district
courts are required to consider guideline ranges for higher offense
levels. See United States v. Lambert, 984 F.2d 658, 663 (5th Cir.
1993)(en banc); United States v. Daughenbaugh, 49 F.3d 171 (5th
Cir. 1995). Although the district court gave adequate reasons for
departing upward, the district court did not explain how it arrived
at a sentence of 50 months. The record does not show that the
district court considered guideline ranges for higher offense
levels before sentencing Cozzens. See generally United States v.
Pennington, 9 F.3d 1116 (5th Cir. 1993); United States v. Wright,
24 F.3d 732 (5th Cir. 1994).
It is ordered that the sentence imposed by the district court
against Cozzens is VACATED. The case is REMANDED to the district
court for resentencing.
VACATED AND REMANDED.
2