Posted On: November 5, 2007
NINTH CIRCUIT OVERRULES PRIOR PRECEDENT: SUSPENDED MISDEMEANOR SENTENCES CANNOT BE USED TO ENHANCE SENTENCE
The language "term of imprisonment" in U.S.S.G. section 4A1.2(c)(1) refers only to certain non-felony sentences for which the defendant actually served a period of imprisonment.
U.S. v. Williams, 291 F.3d1180, 1195 (9th Cir. 2002), in which the circuit court held that a totally suspended six-month sentence for criminal mischief counted as a "prior sentence," mandating an additional point on the defendant's criminal history score, is overruled.
U.S. v. Gonzales, No. 04-30007
