United States Ninth Circuit
US v. Marler, 07-30181
A sentence imposed following defendant's guilty plea to being a felon in possession of a firearm is affirmed where his prior sentence for escape was not "related" to his robbery conspiracy sentence for purposes of calculating his criminal history score under U.S.S.G. section 4A1.2. Although escape is deemed to be a continuing offense for some purposes, here the two offenses were not related in any other way and were discrete, dissimilar offenses.
Appellate Information
- Argued 01/07/2008
- Decided 05/29/2008
- Published 05/29/2008
Judges
- TASHIMA, Circuit Judge:, Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, MT, for the defendant-appellant., Leif M. Johnson, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.