United States Eleventh Circuit

Addition of a criminal history point to defendant's criminal history calculation under U.S.S.G. section 4A1.1(e), after his guilty plea to illegal reentry, is vacated where defendant was neither under a sentence of imprisonment of at least 60 days nor was he less than two years removed from such a sentence.

Appellate Information

• Decided 05/08/2006
• Published 05/08/2006

Judges

• SILER, Circuit Judge:, Before ANDERSON, FAY and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robin J. Farnsworth and Patrick M. Hunt, Asst. Fed. Pub. Defenders, Fort Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Scott., Laura Thomas Rivero, Anne R. Schultz, Asst. U.S. Atty., Carol E. Herman, Miami, FL, for U.S.