IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11337
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD KEVIN CHANDLER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-99-4-A
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June 14, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Richard Kevin Chandler appeals his sentence for receiving
stolen mail. Chandler argues that the district court abused its
discretion by departing upward to the 60-month statutory maximum
sentence based on its determination that Chandler’s criminal
history did not adequately reflect the seriousness of his past
criminal conduct or the likelihood that he would commit future
crimes. Chandler contends that the extent of the district
court’s departure was unreasonable and that the court failed to
explain why a lesser departure would not have been an adequate
*
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that this opinion should not be published and is not precedent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.
No. 00-11337
-2-
sanction. Chandler does not dispute that he committed the
additional offenses cited by the district court in support of the
upward departure. Based on the undisputed facts presented at
sentencing, Chandler’s sentence was within the discretion of the
district court. United States v. McDowell, 109 F.3d 214, 219
(5th Cir. 1997); United States v. Ashburn, 38 F.3d 803, 807 (5th
Cir. 1994) (en banc).
AFFIRMED.