Court of Appeals for the Eighth Circuit March 4, 2010, 08-3663 (United States v. Azure)

MELLOY, Circuit Judge.

On remand from a prior appeal,

1

the district court sentenced Tamara Azure (“Wind”) to 180 months of imprisonment on two counts of assault with a dangerous weapon in violation of 18 U.S.C. §§ 1153 and 113(a)(3). In doing so, the district court departed upwardly based on an under-representative criminal history.