United States v. Ernest Lee Mason, 74 F.3d 890 (8th Cir. 1996). · Go Syfert
United States v. Ernest Lee Mason, 74 F.3d 890 (8th Cir. 1996). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Moore (ca4, 2004-04-07)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "see" United States v. Moore
4th Cir. · 2004 · signal: see · confidence high
See United States v. Mason, 74 F.3d 890, 891 (8th Cir.1996) (holding that “probation,” as used in § 4A1.1(d), means both supervised and unsupervised probation). *48 Last, Moore argues that the sentencing guidelines for crack offenses violate the Equal Protection Clause of the Constitution because they affect more black defendants than white defendants.
discussed Cited "see" Hillside Enterprises, Inc., a Missouri General Business Corporation, Doing Business as Hillside Vineyards v. Continental Carlisle, Incorporated, John A. Walsh, Movant--Appellant. Hillside Enterprises, Doing Business as Hillside Vineyards, Inc., a Missouri General Business Corporation v. Continental Carlisle, Incorporated, John A. Walsh, Movant--Appellee
8th Cir. · 1998 · signal: see · confidence high
See United States v. Mason, 74 F.3d 890, 891 (8th Cir.1996) (per curiam), cert. denied, 517 U.S. 1239 , 116 S.Ct. 1888 , 135 L.Ed.2d 182 (1996). 9 In this case, the judgments Hillside and Continental obtained against each other arose out of same transaction pursuant to the same purchase agreement.
cited Cited "see" Hillside Enterprises, Inc. v. Continental Carlisle, Inc.
8th Cir. · 1998 · signal: see · confidence high
See United States v. Mason, 74 F.3d 890, 891 (8th Cir.1996) (per curiam), cert. denied, 517 U.S. 1239 , 116 S.Ct. 1888 , 135 L.Ed.2d 182 (1996).
discussed Cited "see" United States v. Gary A. Lopes
8th Cir. · 1996 · signal: see · confidence high
See United States v. Mason, 74 F.3d 890, 891 (8th Cir. 1996) (per curiam) (in § 4A1.2(c)(1) context, "violations of local ordinances . . . do count for sentencing purposes so long as a probation term of at least one year was imposed").
discussed Cited "see" United States v. Gary A. Lopes
8th Cir. · 1996 · signal: see · confidence high
See United States v. Mason, 74 F.3d 890, 891 (8th Cir.1996) (per curiam) (in § 4A1.2(c)(1) context, "violations of local ordinances ... do count for sentencing purposes so long as a probation term of at least one year was imposed"). 4 The judgment is affirmed. 1 The Honorable Russell G.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Ernest Lee MASON, Appellant
95-2599.
Court of Appeals for the Eighth Circuit.
Mar 21, 1996.
74 F.3d 890
John R. Cullom, Kansas City, Missouri, for appellant., Lajuana M. Counts, Assistant United States Attorney, for appellee.
Magill, Reavley, Hansen.
Cited by 5 opinions  |  Published
PER CURIAM.

Ernest Lee Mason appeals the fifty-seven-month sentence imposed pursuant to the Sentencing Guidelines after he pled guilty to bank robbery. Mason contends that the district court [1] erred in placing him in criminal[*891] history category II for sentencing purposes. We affirm.

Mason was indicted on January 3,1995, for bank robbery in violation of 18 U.S.C. § 2113(a) & (d) (1988). He pled guilty on January 25, 1995, and at sentencing the district court assessed three criminal history points, placing him in criminal history category II. He received one point for a prior violation of a local ordinance banning marijuana possession, see U.S.S.G. §§ 4A1.1(c), 4A1.2(e)(1) (1994), and two points for committing the present offense (bank robbery) during his two-year unsupervised probation term for the ordinance violation, see U.S.S.G. § 4A1.1(d). Given Mason’s offense level of 24, this resulted in a sentencing range of fifty-seven to seventy-one months. A fifty-seven-month sentence was imposed.

Mason contends that violations of local ordinances are not crimes under Missouri law, and thus he should not have received the one criminal history point. However, this Court has held that violations of local ordinances, even if not crimes under state law, do count for sentencing purposes so long as a probation term of at least one year was imposed, because the effect of local violations for sentencing purposes is a matter of federal law. United States v. Rayner, 2 F.3d 286, 287-88 (8th Cir.1993) (applying U.S.S.G. § 4A1.2(c)(1), which states that one criminal history point shall be added for violations of local ordinances, where a term of probation of at least one year is imposed).

In the present ease, a probation term of two years was imposed for the ordinance violation. Mason contends that Rayner was erroneously decided and that this panel should overrule Rayner, whieh of course our panel cannot do; see United States v. Wright, 22 F.3d 787, 788 (8th Cir.1994) (panel is bound by prior Eighth Circuit precedent unless overruled by the court sitting en banc). Thus, Rayner and § 4A1.2(c)(1) foreclose Mason’s argument.

Mason next argues that the district court’s assessment of two criminal history points because the bank robbery was committed during a term of probation was erroneous, as Mason’s probation was unsupervised. However, the term “probation” as used in U.S.S.G. § 4A1.1(d) encompasses both “supervised” and “unsupervised” probation. See United States v. Lloyd, 43 F.3d 1183, 1187-88 (8th Cir.1994) (applying application note 4 to § 4A1.1, which states that active supervision for probation is not required). Thus, this argument is foreclosed as well.

Accordingly, the judgment of the district court is affirmed.

1

. The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.