actually occurred. This is reviewed for clear error. 18 U.S.C. § 3742(e); United States v. Moreno, 933 F.2d 362, 374 (6th Cir.1991). Third, the reviewing court determines whether the direction and degree of the departure are reasonable. The reasonableness of a departure reflects several factors, including the seriousness of a defendant’s criminal history, probability of recidivism, deterrent effect, protection of society, rehabilitation of the defendant, and punishment or retribution. Joan, 883 F.2d at 495. Here, an upward departure is warranted under the three-step review process to adequately reflect Defendant’s criminal history. First, excessive criminal history points and other criminal conduct may warrant a departure from the sentencing guidelines. Osborne, 948 F.2d at 212 (<HOLDING>). Second, Defendant’s criminal history
holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category holding that when a defendant qualifies as a career felon it is not necessary to ascertain the defendants criminal history category because the sentencing guidelines mandate a criminal history category of vi holding that 24 criminal history points was so high that even placement in category vi did not adequately reflect the seriousness of the defendants criminal past holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history holding that request for departure in sentencing based on a criminal history category that overstated defendants record violated plea agreement that prohibited departure requests but did not stipulate to a specific criminal history category