061857P.pdf   01/26/2007  United States  v.  Adam Rouillard
   U.S. Court of Appeals Case No:  06-1857
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Riley, Author, with Wollman and Gruender, Circuit
   Judges]
   Criminal case - Sentencing. Because defendant's criminal history
   category score substantially under-represented the seriousness of his past
   conduct and risk of recidivism, the district court did not err in departing
   upwards four levels; however, the court's decision to vary upwards
   another eight levels was not reasonable as there was nothing
   extraordinary about defendant's offense or his characteristics; district
   court gave too much weight to defendant's criminal history in setting the
   variance, as that factor had already been partially recognized in the
   criminal history and upward departure; it also appears that the sentence
   would create unwarranted sentencing disparities; case remanded for
   further proceedings.