United States v. Vicente

The First Circuit affirmed Defendant’s sentence imposed after he pleaded guilty to conspiracy to distribute and possess with intent to distribute oxycodone, holding that there was no error in the proceedings below.On appeal, Defendant argued that the trial court improperly assigned points for a previous sentence that should have been excluded as conduct that was “part of the instant offense” under Section 4A1.2 of the United States Sentencing Guidelines - namely, Defendant’s 2013 conviction in state court for possession with intent to sell or dispense. The First Circuit disagreed, holding that the district court did not err in treating the 2013 conviction as a prior sentence for purposes of determining Defendant’s criminal history category. View "United States v. Vicente" on Justia Law