United States Ninth Circuit

Defendant's conviction and sentence for possession with intent to distribute methamphetamine are: 1) affirmed in part, where the record supports the district court's finding that no plea agreement was made, and there is no evidence of any promise upon which the defendant relied to his detriment; and 2) vacated and remanded as to the sentence, where the district court erred in treating defendant's suspended sentence for the prior conviction as a "sentence of probation of more than one year" under U.S.S.G. section 4A1.2(c)(1)(A), because the conditions of the defendant's suspended incarceration did not limit or require any conduct beyond that of a law abiding individual.

Appellate Information

• Decided 06/18/2013
• Published 06/18/2013

Judges

• KLEINFELD

Court

• United States Ninth Circuit

Counsel