United States Fourth Circuit

Because U.S.S.G. section 4A1.2, application note 7, requires an adult sentence before a prior conviction can be counted in the computation of criminal history points under U.S.S.G. section 4A1.2(d)(1), defendant's juvenile sentence for a 1981 robbery conviction cannot serve to make him a career offender under U.S.S.G. section 4B1.1.

Appellate Information

• Decided 03/27/2002
• Published 03/27/2002

Judges

• Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian Joseph Kornbrath, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant.  Miller Allison Bushong, III, Assistant United States Attorney, Charleston, West Virginia, for Appellee.   ON BRIEF:  Mary Lou Newberger, Acting Federal Public Defender, Charleston, West Virginia, for Appellant.  Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.