IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10956
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT LYNN BELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:93-CR-302-T
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April 17, 1996
Before REAVLEY, DUHÉ and WIENER, Circuit Judges.
PER CURIAM:*
Robert Lynn Bell appeals from the district court's decision
to depart upward from the sentencing guidelines. He contends
that the district court erred by imposing his 240-month sentence
to run consecutively to his state sentences. Bell argues that
U.S.S.G. § 5K2.3, p.s. requires a finding by the district court
that the victim suffered psychological injury much more serious
than that normally resulting from the commission of the offense
and that the evidence in the record did not support such a
*
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that this opinion should not be published and is not precedent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. 95-10956
-2-
finding. Because the Government produced unrebutted evidence
that the victim had suffered a substantial impairment of her
psychological and behavioral functioning that was likely to be of
an extended duration and that was manifested by psychological
symptoms or by changes in behavior patterns, see § 5K2.3, p.s.,
the district court did not abuse its discretion by departing
upward pursuant to § 5K2.3. See United States v. Anderson, 5
F.3d 795 (5th Cir. 1993), cert. denied, 114 S. Ct. 1118 (1994).
AFFIRMED.