Whether a four-level upward departure for conduct underlying a dismissed count is reasonable when the conduct was already accounted for in the base offense level and statutory minimum

QUESTIONS PRESENTED Petitioner sets forth the following issues for review: L Whether a four (4) level upward departure for conduct underlying a dismissed count pursuant to USSG §5K2.21, bringing the defendant’s sentence above the statutory mandatory minimum, is reasonable when the conduct underlying the dismissed count had already been taken into account in calculating the USSG base offense level, and had been taken into account by Congress in its enactment of the statutory mandatory minimum I. Whether restitution for funeral costs related to a dismissed count is reasonable. 2