Wednesday, September 11, 2013

United States v. Gonzalez, No. 12-50160 (9-10-13) (Graber with Rawlinson and Watford).

If the two convictions were sentences on the same day, they would count as a consolidated sentence under the Guidelines and be assessed a criminal point total for both. They should have been sentenced on the same day, but weren't because the cases were assigned to different courthouses. This assignment meant two separate sentencings, and two criminal points assessment. The 9th rejected defendant's argument that there should be equitable joinder. The 9th elected to follow the Guidelines' bright line rule. Two separate days meant two assessments. The 9th also held that non-revocable parole also counts as being under a criminal sentence for issuance of criminal history points because there was limiting of rights, such as a search.


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