032217P.pdf   07/27/2004  United States  v.  Craig David McCart
   U.S. Court of Appeals Case No:  03-2217
   District of Minnesota   
   Criminal case - Sentencing Guidelines. District court erred in granting a 
   downward departure; first, one of the stated grounds, lack of a criminal 
   history, can never serve as the basis for a downward departure since the 
   Guidelines have already set Category I to accommodate first-time 
   offenders; second, the court failed to make findings regarding its 
   conclusion that defendant presented a decreased likelihood of recidivism; 
   third, the record did not provide a basis for concluding that defendant 
   suffered from significantly diminished capacity; as none of the factors the 
   court relied on was established individually, they could not be aggregated 
   to support a downward departure; case remanded for further proceedings. 
   [PUBLISHED] [ Smith, Author, with Bye and Heaney, Circuit Judges]