Whether a district court can vary upward from the advisory sentencing range under the factors in 18 U.S.C. § 3553(a) based on the inadequacy of a defendant's criminal history where the district court failed to determine first whether the defendant's criminal history was inadequate under U.S.S.G. § 4A1.3 which provides a unique procedure for determining the adequacy of a criminal defendant's criminal history and whether that determination supports a departure under the Sentencing Guidelines?
Whether a district court can vary upward from the advisory sentencing range under the factors in 18 U.S.C. § 3553(a) based on the inadequacy of a defendant's criminal history where the district court failed to determine first whether the defendant's criminal history was inadequate under U.S.S.G. § 4A1.3