Monday, March 22, 2010

Today's Summary---Crim Hist Points

Today's summary from our AFPDs: 


Direct Appeal


Defendant sought reversal of his sentence for violations of 18 U.S.C. §§ 922(g) and 924(c) on the grounds that he was erroneously assessed one extra criminal history point at sentencing for an aggravated assault conviction that he had incurred while he was a juvenile. Court found that the erroneous addition of the criminal history point did not affect the sentence and affirmed.

The Court decided that since the defendant was well above the base CHC points to be in category VI, the district court’s error in including a juvenile conviction for one point did not mean reversal was warranted.

The Court agreed with the defendant that the aggravated assault conviction did not qualify for inclusion in his criminal history calculation under U.S.S.G. § 4A1.2(d), and that the district court erred by including it. But the Court did not agree that this error required reversal.

The defendant also raised a claim in his reply brief that the district court might have sentenced him differently had it recognized that the aggravated assault conviction incurred before he turned 18 and was not properly included in the calculation of his criminal history. The record contradicted this claim. After listening to the defendant’s request for a lower sentence on the drug trafficking count and reviewing the facts of the offenses, the district court detailed the defendant’s criminal history and observed, “So his criminal history is grim.”

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