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Notable little Second Circuit ruling on DWI as criminal history

By Douglas A. Berman

The Second Circuit has an important and interesting little criminal history ruling today in US v. Potes-Castillo, No. 07-5518 (2d Cir. March 14, 2011)(available here), which starts this way: This appeal raises the question whether a conviction for driving while ability impaired in violation of New York law must categorically be counted when calculating a defendant?s criminal history score.  Because we conclude that Walter Gonzalez-Rivera?s prior sentence for violating New York?s driving while ability impaired law should not be counted toward his criminal history calculation if it is similar to an offense listed in United States Sentencing Guidelines section 4A1.2(c)(1), we remand to the District Court for determination in the first instance whether Gonzalez-Rivera?s conviction is similar to careless or reckless driving.continue to full post

Full post as published by Sentencing Law and Policy on March 14, 2011 (boomark / email).