United States v. Lamar Outlaw
2013 U.S. App. LEXIS 15318
| 8th Cir. | 2013Background
- Lamar Outlaw pleaded guilty to being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- The district court calculated offense level 31 and assigned 23 criminal-history points, yielding Criminal-History Category VI and a Guideline range of 188–235 months.
- The Government moved for an upward departure under U.S.S.G. § 4A1.3(a), arguing Category VI under-represented Outlaw’s criminal history (20 prior offenses over 1993–2003, 13 involving assaults, including assaults on police and a minor).
- The district court granted a two-level upward departure (to offense level 33), producing a Guideline range of 235–293 months, and sentenced Outlaw to 293 months.
- The written judgment noted a two-level upward departure for under-represented criminal history but did not elaborate; the court explained reasons at length on the record.
Issues
| Issue | Plaintiff's Argument (Outlaw) | Defendant's Argument (Government/District Court) | Held |
|---|---|---|---|
| Whether § 4A1.3(a) upward departure was proper | Prior assaults are dissimilar to the instant firearms offense; 23 points adequately reflect history; not on probation/parole at offense | Long pattern of violent recidivism (13 assaults, including on police and a minor) and unscored offenses show Category VI under-represents risk | Affirmed: district court did not abuse discretion in granting 2-level upward departure under § 4A1.3(a) |
| Whether failure to state written reasons for departure requires reversal | Written order lacked detailed reasons despite hearing explanation | Oral findings at sentencing were detailed and satisfy purposes of written-reasons requirement, nullifying prejudice | Affirmed: no reversible error because oral explanation at hearing was specific |
Key Cases Cited
- United States v. Johnson, 648 F.3d 940 (8th Cir. 2011) (standard of review and § 4A1.3 application)
- United States v. Porter, 439 F.3d 845 (8th Cir. 2006) (courts may consider varied information, including likelihood of future violence, when departing)
- United States v. King, 627 F.3d 321 (8th Cir. 2010) (affirming upward departure for longstanding pattern of violence)
- United States v. Jones, 596 F.3d 881 (8th Cir. 2010) (affirming two-level upward departure for extensive criminal history)
- United States v. Paz, 411 F.3d 906 (8th Cir. 2005) (written and oral statements required for departures; detailed oral findings can cure a sparse written statement)