DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022258P.pdf 04/29/2003 United States v. James Thornberg
U.S. Court of Appeals Case No: 02-2258
District of South Dakota
Criminal case - Sentencing Guidelines. District court did not
abuse its discretion in departing upward based on its belief
that defendant's criminal history did not adequately reflect
the extent and seriousness of his past criminal conduct; fact
that defendant used false identification and business names
was relevant to both establish his offense level and to determine
the adequacy of his criminal history category and use of the
information for both factors did not constitute impermissible
double counting.