Upward Departure to Max Approved

U.S. v. Still, 2007 WL 2733822 (9/14/07)(unpub'd) - The 10th affirms an upward departure from 6 to 12 months to the max of 36 months for impersonating an IRS agent. The departure and its extent were justified by the 40 year criminal history of the defendant described by the 10th as a "life-long, small-time con man." His proven disdain for the law warranted a higher sentence, even though all his offenses were relatively minor.