Cite as: 503 U. S. 193 (1992)
White, J., dissenting
(CA7 1990)). The Court of Appeals noted that the District Court had also properly relied upon convictions more than 15 years old, as well as the fact that the petitioner had previously been convicted of the same crime—felon in possession of a firearm.19 910 F. 2d, at 1580; see USSG § 4A1.3, p. s.; United States v. Schmude, 901 F. 2d 555, 559 (CA7 1990). The court found both reasons to support a finding that the criminal history category did not adequately reflect the severity of petitioner's criminal past, and that his propensity for violence was laid bare in this case by his threats to the lives of the DEA agents and their families. 910 F. 2d, at 1580. In conclusion, the Court of Appeals considered the 3-month departure imposed by the District Court, and stated that "despite the error noted, the court correctly determined that Mr. Williams' criminality was not reflected properly in the criminal history category and that the relevant evidence justified the rather modest increase in sentence." Ibid.
This appellate assessment of the validity of the sentence imposed is sufficient. As previously stated by the Seventh Circuit in Franklin, it is not for the court on appeal "to probe the mind of the sentencing judge and try to determine what portions of the departure he or she assigned to the different grounds for departure." 902 F. 2d, at 508. Instead, the appellate court must assess for itself whether valid reasons stated by the district court justify the magnitude of departure. Id., at 509. This the Seventh Circuit did without error, and I would affirm its judgment.
Accordingly, I respectfully dissent.
19 The majority suggests this latter factor only played a role in "selecting a sentence at the high end of the guideline range" to which the District Court was departing. See ante, at 197; App. 54-55. What must be kept in mind, however, is that this was a departure sentence and, as recognized by the Seventh Circuit here, the reasons articulated to justify a particular sentence beyond the otherwise applicable guideline range are those supporting departure, as in this case, e. g., where "the criminal history category is inadequate." 910 F. 2d, at 1580.
221
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