United States Sixth Circuit

Given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent, in determining whether to apply the career offender provision of the United States Sentencing Guidelines, a federal court must take into account the defendant's state criminal history (or lack thereof) at the time of his predicate North Carolina convictions.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• Before:  MERRITT, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sandra B. Jelovsek, Johnson City, Tennessee, for Appellant.  Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Sandra B. Jelovsek, Johnson City, Tennessee, for Appellant.  Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, Robert M. Reeves, Assistant United States Attorney, Greeneville, Tennessee, for Appellee.