United States Eleventh Circuit

Defendant's firearm possession sentence is affirmed where: 1) revocation of probation is part of a defendant's original sentence because revocation of probation constitutes a modification of the terms of the original sentence and implicates solely the punishment initially imposed for the offense conduct underlying that sentence; and 2) U.S.S.G. section 4A1.2(k) directly instructs a district court, when calculating criminal history points, to add the original term of imprisonment to any term of imprisonment imposed upon revocation, and the district court did just that.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

• BARKETT, Circuit Judge:, Before BIRCH, BARKETT and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Stephen Marsh (Court-Appointed), Arnold & Porter, Washington, DC, for Coast., R. Brian Tanner, James C., Stuchell, Savannah, GA, for U.S.