IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21305
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
WILLIAM CARL BROWN
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-511-ALL
--------------------
September 16, 2002
Before KING, Chief Judge, and BARKSDALE and STEWART, Circuit
Judges.
PER CURIAM:*
William Carl Brown appeals the sentence imposed by the
district court following his guilty-plea conviction for two
counts of theft of government funds in violation of 18 U.S.C.
§ 641. Brown argues that the district court abused its
discretion in departing upward based on its finding that Brown’s
criminal history category underrepresented the seriousness of his
past criminal conduct. The district court explained that the
*
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that this opinion should not be published and is not precedent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. 01-21305
-2-
upward departure was based on Brown’s extensive criminal history,
the nature of Brown’s prior offenses, and his violent assaults
against women. The district court also considered the fact that
at the time that Brown committed the instant offense, he was
awaiting sentencing for five state guilty-plea convictions for
possession of cocaine, forgery, distribution of cocaine,
aggravated assault, and attempted theft. The district court
provided acceptable reasons for the departure, and the departure
was reasonable. See United States v. McKenzie, 991 F.2d 203, 204
(5th Cir. 1993); see also United States v. Lambert, 984 F.2d 658,
662-63 (5th Cir. 1993) (en banc). Therefore, the sentence
imposed by the district court is AFFIRMED.
United States v. Brown
Combined Opinion