Court of Appeals for the Eighth Circuit October 4, 2000, 99-2776 (United States v. Bon Levi, Also Known as Bond Levy,also Known as Ronald Frederick)

MURPHY, Circuit Judge.

After Bon Levi pled guilty to mail fraud, wire fraud, and conspiracy to commit mail and wire fraud, he was sentenced to thirty-seven months. The district court

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departed upward on the grounds that his criminal history category did not adequately reflect his prior record or potential for recidivism.