context: In sum, we reject Appellants' argument that the guidelines proscribe reliance on uncharged or dismissed conduct in determining whether a departure from the guideline range is warranted and align this circuit with those that have adopted the better reasoned rule to the contrary.
citation_a.signal: see also
citation_a.identifier: 997 F.2d 343, 345-46
citation_a.parenthetical: explaining that district courts properly may consider conduct from dismissed counts in departing upward for inadequacy of criminal history
citation_a.sentence: See also United States v. Ruffin, 997 F.2d 343, 345-46 (7th Cir.1993) (explaining that district courts properly may consider conduct from dismissed counts in departing upward for inadequacy of criminal history).
citation_b.signal: no signal
citation_b.identifier: 896 F.2d 678, 684
citation_b.parenthetical: holding that conduct from dismissed counts cannot be relied upon as a basis for departure
citation_b.sentence: Compare United States v. Baird, 109 F.3d 856, 864-65 (3d Cir.1997) (holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range); United States v. Ashburn, 38 F.3d 803, 807-08 (5th Cir.1994) (en banc) (same); United States v. Zamarripa, 905 F.2d 337, 341 (10th Cir.1990) (same), disapproved on other grounds, Williams v. United States, 503 U.S. 193, 198, 112 S.Ct. 1112, 1118, 117 L.Ed.2d 341 (1992); and United States v. Kim, 896 F.2d 678, 684 (2d Cir.1990) (same), with United States v. Harris, 70 F.3d 1001, 1002-04 (8th Cir.1995) (holding that conduct from dismissed counts cannot be relied upon as a basis for departure); and United States v. Castro-Cervantes, 927 F.2d 1079, 1082 (9th Cir.1990) (same).