Appellate Law

CA1: kiddy convictions a career offender make

By S. COTUS

US v. Torres, No. 07-2331 affirms the sentencing of a guy challenging whether he is a career offender.   Essentially he committed a crime at 17, but was convicted at 20.  In seeking to put him away, the government was able to use these crimes.

The First says that this is simply a matter of 4A1.2, without a discussion of state law, which says that it may be counted.  The First notes that the Sixth appears to side in favor of the defendant (but it was inapplicable, anyway).  He also had been arrested for possessing a loaded machine gun.  He argues that the New Jersey statute prohibits more than just machineguns as described in 26 U.S.C. § 5845(a)(6).  The PSR didn?t describe the gun.  But, the First says that if he had challenged in the government likely would have offered a description of the gun.

Finally, the First says that because he is a career offender any recent Booker decisions, or guidelines changes won?t help him, anyway.

Full post as published by Appellate Law and Practice on September 10, 2008 (boomark / email).