033094P.pdf   05/26/2004  United States  v.  Stephen Bolden
   U.S. Court of Appeals Case No:  03-3094
   Eastern District of Arkansas   
   Criminal case - Sentencing Guidelines. District court could rely 
   on conduct covered by a dismissed count in determining whether to 
   impose an upward departure, as the dismissed count conduct was not 
   an impermissible factor within the meaning of 18 U.S.C. Sec. 3742(f)(2); 
   upward departure in misprision of a felony case was justified based on 
   court's finding that defendant participated in the drug conspiracy 
   underlying the offense; district court did not err in departing upward 
   on the ground defendant's active participation in the underlying felony 
   justified an upward departure because the nine-level reduction in the 
   misprision guideline (Sec. 2X4.1) presumes that the defendant did not 
   commit the underlying offense 
   [PUBLISHED] [Loken, Author]