At page 1404 Determining confinement for sentencing guidelines purposes15 citing casesintervening arrest requires bail jumping charge to be counted separately from crime for which defendant was released on bail
- United States v. Maravilla, 458 F. App'x 764 (10th Cir. 2012).unpublishedAccording to U.S. Sentencing Guidelines §§ 4A1.2(e)(l) & (k), because Mr. Maravilla’s release from incarceration took place within fifteen years of the current offense, and the prior offenses were separated by an intervening arrest, see Un…
- United States v. Gonzalez, 363 F.3d 15 (1st Cir. 2004).publishedNotes: 1 United States v. Duty, 302 F.3d 1240, 1241-42 (11th Cir.2002); United States v. Peltier, 276 F.3d 1003, 1006-07 (8th Cir.2002); United States v. Bradley, 218 F.3d 670, 672-74 (7th Cir.2000); United States v. Huggins, 191 F.3d 532,…
- United States v. González, 363 F.3d 15 (1st Cir. 2004).publishedUnited States v. Duty, 302 F.3d 1240, 1241-42 (11th Cir.2002); United States v. Peltier, 276 F.3d 1003, 1006-07 (8th Cir.2002); United States v. Bradley, 218 F.3d 670, 672-74 (7th Cir.2000); United States v. Huggins, 191 F.3d 532, 539 (4th…
- United States v. Liranzo, 63 F. App'x 944 (7th Cir. 2003).unpublished(intervening arrest requires bail jumping charge to be counted separately from crime for which defendant was released on bail)
- United States v. Garrett W. Eackelbary, 85 F.3d 629 (6th Cir. 1996).unpublishedSee United States v. Aguilera, 48 F.3d 327, 330 (8th Cir.), cert. denied, 116 S.Ct. 117 (1995); United States v. Wilson, 41 F.3d 1403, 1404-05 (10th Cir.1994); United States v. Hallman, 23 F.3d 821, 825 (3d Cir.), cert. denied, 115 S.Ct. 2…
- United States v. George M. Ciapponi, AKA George Norman Schreiber, 77 F.3d 1247 (10th Cir. 1996).published(sentencing for two distinct offenses by the same court on the same day does not make them related under U.S.S.G. § 4A1.2)
- United States v. Jesus Acosta-Olivas, 71 F.3d 375 (10th Cir. 1995).publishedUnited States v. Richards, 67 F.3d 1531, 1533 (10th Cir.1995); United *378 States v. Wilson, 41 F.3d 1403, 1404 (10th Cir.1994); United States v. Phelps, 17 F.3d 1334, 1337 (10th Cir.1994). 3 Section 3553(f) was enacted as a “safety valve”…
- United States v. Ruben Diaz-Bonilla, 65 F.3d 875 (10th Cir. 1995).publishedUnited States v. Wilson, 41 F.3d 1403, 1404 (10th Cir.1994).
- United States v. Terry Wayne Glenn, 166 F.3d 1222 (10th Cir. 1999).published See United States v. Wilson, 41 F.3d 1403, 1404 (10th Cir. 1994).
- United States v. Randy Butler, 145 F.3d 1346 (10th Cir. 1998).published See United States v. Wilson, 41 F.3d 1403, 1404 (10th Cir.1994). 9 Ordinarily a sentencing court must apply the guidelines that are in effect on the date the defendant is sentenced.
Show 2 more citing cases
- United States v. Lyons, 204 F. App'x 136 (3d Cir. 2006).unpublishedOur sister circuits also classify time spent in similar institutions as a “sentence of confinement.” See United States v. Williams, 891 F.2d 212, 216 (9th Cir.1989) (“Because of the deprivation of liberty, we find that commitment to juveni…
- United States v. McNeal, 175 F. App'x 546 (3d Cir. 2006).unpublished (juvenile’s placement in state agency’s secure facility for more than 60 days considered “confinement)
At page 1405 Determining relatedness of prior offenses with intervening arrest8 citing cases“prior sentences are not considered related if they were for offenses that were separated by an intervening arrest.”
- United States v. Mohammed, 150 F. App'x 887 (10th Cir. 2005).unpublishedSee also United States v. Guerrero-Hernandez, 95 F.3d 983, 987 (10th Cir.1996); United States v. Wilson, 41 F.3d 1403, 1405 (10th Cir.1994).
- United States v. Baxter, 80 F. App'x 74 (10th Cir. 2003).unpublishedIt is not sufficient to show that the sentences were issued on the same day, United States v. Wilson, 41 F.3d 1403, 1405 (10th Cir.1994), or that they were issued to run concurrently.
- United States v. Geronimo, 72 F. App'x 802 (10th Cir. 2003).unpublishedMoreover, “the fact that the sentences for these two different crimes were imposed by the same [state] court on the same date does not convert these two convictions into related cases within the meaning of U.S.S.G. § 4A1.2 (a)(2).” United…
- United States v. Sanders, No. 99-3320 (10th Cir. May 24, 2000).unpublished(holding that, where the defendant was arrested for the first offense before he committed the second, “the fact that the sentences for these two different crimes were imposed by the same court on the same date does not c…)
- United States v. Ortega, No. 99-2155 (10th Cir. Dec. 9, 1999).unpublished(holding that where the defendant was arrested for the first offense before he committed the second, “the fact that the sentences for these two different crimes were imposed by the same court on the same date does not co…)
- United States v. Marquez-Ramos, 18 F. App'x 762 (10th Cir. 2001).unpublished(relying on the “intervening arrest” provision of the commentary to conclude that defendant’s two offenses were unrelated)
- United States v. Robert D. Reed, 153 F.3d 729 (10th Cir. 1998).published
Other citing cases
- United States v. Gilkey, 118 F.3d 702 (10th Cir. 1997).published
v.
Antonio WILSON, Defendant-Appellant
Mr. Wilson appeals the application of the Sentencing Guidelines after his conviction on a guilty plea for possession of a firearm after former conviction of a felony. Mr. Wilson has raised two issues: first, does a sentence imposed on Mr. Wilson as a juvenile, which required him to be placed in the custody of the Department of Human Services, qualify as “confinement” for purposes of awarding criminal history points pursuant to U.S.S.G. § 4A1.2(d)(2)(A); and second, were two sentences formerly imposed on Mr. Wilson “related” for the purpose of assessing criminal history points.
The district court’s factual findings are reviewed for clear error; its interpretation of the Sentencing Guidelines receives de novo review. United States v. Pinedo-Montoya, 966 F.2d 591, 595 (10th Cir.1992).
Mr. Wilson was adjudicated a “juvenile delinquent” at the age of fourteen after committing a burglary. He had previously committed a rash of other crimes and had been in constant contact with the Juvenile Justice System. After being turned over to the Department of Human Services, he remained in their custody for three and a half years, primarily at a secure facility. This was properly considered a “confinement” under U.S.S.G. § 4A1.2(d)(2)(A). Thus, the award of two criminal history points for this confinement plus the additional point pursuant to U.S.S.G. § 4A1.1 was correct.
At the age of eighteen, Mr. Wilson was charged with three other crimes. While these charges were pending and while out on bond, he failed to appear for a scheduled court appearance and was subsequently charged with bail jumping. When he eventually appeared in court, he was sentenced for both the pending charges and the failure to appear at the same hearing. He was given a five-year suspended sentence for the underlying criminal counts and a one-year suspended sentence for jumping bail, to be served concurrently. Mr. Wilson was given a criminal history point for each of the two convictions. Mr. Wilson argues that he should receive only one criminal history point for these two convictions because they were related cases which were “consolidated for trial or sentencing” within the meaning of U.S.S.G. § 4A1.2, comment n. 3. We have previously held that failure to appear is not part of “common scheme or plan” under this comment (United States v. Shewmaker, 936 F.2d 1124 (10th Cir.1991)), but have not addressed the precise point raised by this appellant. However, in addition to the “consolidated for sentencing” language on which the defendant relies, comment note 3 also states,[*1405] “[pjrior sentences are not considered related if they were for offenses that were separated by an intervening arrest (i.e., the defendant is arrested for the first offense prior to committing the second offense).” Mr. Wilson obviously was arrested for the crimes before he failed to appear. Thus, the fact that the sentences for these two different crimes were imposed by the same court on the same date does not convert these two convictions into related cases within the meaning of U.S.S.G. § 4A1.2(a)(2). See United States v. Coleman, 9 F.3d 1480 (10th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1234, 127 L.Ed.2d 578 (1994) (district court did not err in not treating two prior offenses as related cases under § 4A1.2(a)(2) where probation was revoked and defendant resentenced in the same proceeding in which he was sentenced for another separate offense). Accordingly, the two offenses were properly counted separately for the purpose of assessing criminal history points.
The sentence is AFFIRMED.