United States v. Miguel Rodriguez-Prieto, 491 F. App'x 514 (5th Cir. 2012). · Go Syfert
United States v. Miguel Rodriguez-Prieto, 491 F. App'x 514 (5th Cir. 2012). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Cited for
At page 515 Consolidating sentences under state law and u.s.s.g. guidelines1 citing caseexplaining that one of the defendant’s North Carolina offenses was not assigned any points because it was “counted together” aá a result of the consolidated sentence law1 citing court put it this way
  • United States v. Rafael Marroquin, 874 F.3d 851 (5th Cir. 2017).published
    (explaining that one of the defendant’s North Carolina offenses was not assigned any points because it was “counted together” aá a result of the consolidated sentence law)
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee
v.
Miguel RODRIGUEZ-PRIETO, Defendant-Appellant
10-51119.
Court of Appeals for the Fifth Circuit.
Nov 21, 2012.
Unpublished opinion
491 F. App'x 514
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee., Judy Fulmer Madewell, Assistant Federal Public Defender, Henry Joseph Bem-porad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
Reavley, Jolly, Davis.
Cited by 3 opinions  |  Unpublished
PER CURIAM: *

Miguel Rodriguez-Prieto (Rodriguez) appeals his 87-month sentence for illegal reentry under 8 U.S.C. § 1326. He asserts that the district court plainly erred by assigning a criminal history point under U.S.S.G. § 4Al.l(f) (2009) under the theo[*515] ry that the sentence for one of his North Carolina crimes of violence did not receive any points because it was counted together with the sentence imposed for the other North Carolina offense under U.S.S.G. § 4A1.2(a)(2). He asserts that the two offenses were consolidated in a single judgment that produced a single sentence under North Carolina General Statutes § 15A-1340.15(b).

The North Carolina procedure does not affect the Guideline § 4A1.2(a)(2) direction that “any prior sentence covered by (A) or (B)” is counted as a single sentence. It follows that, whether the district judge added one history point because of § 4Al.l(f) or three more for the second crime of violence, there was no error for defendant’s complaint.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.