Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3

QUESTION(S) PRESENTED. 1. WHETHER THE DISTRICT COURT ERRED IN DEPARTING UPWARD UNDER THE UNITED STATES SENTENCING GUIDELINES §4A1.3 RESULTING IN AN UPWARD DEPARTURE DURING THE SENTENCING OF MR. JOHNSON Il. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR. JOHNSON TO A TOP OF THE COURT ADJUSTED GUIDELINES RANGE SENTENCE OF 105 MONTHS IN THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO ACHIEVE THE STATUTORY PURPOSES OF SENTENCING AND WAS SUBSTANTIVELY UNREASONABLE Ill. WHETHER THE COURT ERRED IN ITS UPWARD DEPARTURE IN THE SENTENCING OF MR. JOHNSON BY: [A] AS PRESERVED, FAILING TO PROVIDE TIMELY NOTICE THAT IT WAS CONTEMPLATING AN UPWARD DEPARTURE. [B] FAILING TO PREDICATE THE UPWARD DEPARTURE ON A GROUND FOR DEPARTURE, EITHER IN THE PRESENTENCE REPORT, OR, BY A PRE-HEARING SUBMISSION BY THE GOVERNMENT. [C} PREJUDICING MR. JOHNSON DUE TO A SUBSTANTIAL INCREASE IN HIS SENTENCE, THUS NEGATING ALL OF HIS ACCEPTANCE OF RESPONSIBILITY EFFORTS, WHICH WAS AN ABUSE OF JUDICIAL DISCRETION . | |