United States v. Barber

Defendant, Scott Michael Barber, entered a plea of guilty to a violation of 18 U.S.C. §922(g)(1), charging him with knowingly possessing a firearm as a convicted felon. At sentencing, the district court granted the Governments motion for an upward departure based upon its determination that the defendants criminal history failed to reflect the seriousness of his past criminal conduct. The district court departed upward by three offense levels and sentenced the defendant to a term of incarceration of 96 months.