United States Fifth Circuit

Defendant's bank robbery sentence is affirmed where it was error for the district court to assess defendant two criminal history points under U.S.S.G. section 4A1.1(d), but where a sentence falls within both the correct and incorrect guidelines, the court of appeals does not assume, in the absence of additional evidence, that the sentence affected defendant's substantial rights.

Appellate Information

• Decided 07/20/2010
• Published 07/20/2010

Judges

• Per Curiam

Court

• United States Fifth Circuit

Counsel