Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 66 views

    United States v. Michael Allen Simmons, 943 F.2d 50, 4th Cir. (1991)

    Uploaded by

    Scribd Government Docs
    Michael Simmons appealed his career offender sentence designation, arguing his two prior drug convictions were related cases as part of a common scheme. The appeals court affirmed the district court's ruling, finding the prior convictions occurred over a year apart in different jurisdictions, providing no evidence they were part of a common scheme. While the convictions were for the same crime, possessing LSD with intent to distribute, the court had no information to conclude they were related beyond being part of the same course of conduct.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Michael Allen Simmons, 943 F.2d 50, 4th Cir. (1991)

    Uploaded by

    Scribd Government Docs
    66 views3 pages
    Michael Simmons appealed his career offender sentence designation, arguing his two prior drug convictions were related cases as part of a common scheme. The appeals court affirmed the district court's ruling, finding the prior convictions occurred over a year apart in different jurisdictions, providing no evidence they were part of a common scheme. While the convictions were for the same crime, possessing LSD with intent to distribute, the court had no information to conclude they were related beyond being part of the same course of conduct.

    Original Description:

    Filed: 1991-08-26 Precedential Status: Non-Precedential Citations: 943 F.2d 50 Docket: 91-5638

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Michael Simmons appealed his career offender sentence designation, arguing his two prior drug convictions were related cases as part of a common scheme. The appeals court affirmed the district court's ruling, finding the prior convictions occurred over a year apart in different jurisdictions, providing no evidence they were part of a common scheme. While the convictions were for the same crime, possessing LSD with intent to distribute, the court had no information to conclude they were related beyond being part of the same course of conduct.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    66 views3 pages

    United States v. Michael Allen Simmons, 943 F.2d 50, 4th Cir. (1991)

    Uploaded by

    Scribd Government Docs
    Michael Simmons appealed his career offender sentence designation, arguing his two prior drug convictions were related cases as part of a common scheme. The appeals court affirmed the district court's ruling, finding the prior convictions occurred over a year apart in different jurisdictions, providing no evidence they were part of a common scheme. While the convictions were for the same crime, possessing LSD with intent to distribute, the court had no information to conclude they were related beyond being part of the same course of conduct.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    943 F.

    2d 50

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Michael Allen SIMMONS, Defendant-Appellant.
    No. 91-5638.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 30, 1991.
    Decided Aug. 26, 1991.

    Appeal from the United States District Court for the Southern District of
    West Virginia, at Charleston. Charles H. Haden, II, Chief District Judge.
    (CR-90-213)
    Edward H. Weis, Assistant Federal Public Defender, Charleston, W.Va.,
    for appellant.
    Michael W. Carey, United States Attorney, J. Kirk Brandfass, Assistant
    United States Attorney, Charleston, W.Va., for appellee.
    S.D.W.Va.
    AFFIRMED.
    Before HALL, PHILLIPS and MURNAGHAN, Circuit Judges.
    OPINION
    PER CURIAM:

    Michael Allen Simmons pled guilty to possession of LSD1 and appeals the
    sentence he received on the ground that he was incorrectly designated a career

    offender. We affirm.
    2

    Under U.S.S.G. 4B1.1, a defendant is a career offender if he was over


    eighteen at the time of the instant offense, the instant offense is a drug offense
    or a crime of violence, and he has at least two prior felonies of either a crime of
    violence or a drug offense. Under 4B1.2(3), the two prior felonies must be
    counted separately under 4A1.2, which provides that related cases are treated
    as one for purposes of the criminal history. Application note 3 to 4A1.2 states
    that cases are considered related if the offenses (1) occurred on a single
    occasion, (2) were part of a single common scheme or plan, or (3) were
    consolidated for trial or sentencing.

    Simmons asserted at sentencing that the two prior offenses which were relied
    on in determining his career offender status were related cases because they
    were part of a common scheme or plan. The two prior felonies were both
    convictions for possession of LSD with intent to distribute; one resulted from
    an arrest in Virginia Beach, Virginia, on March 25, 1987, for which Simmons
    was sentenced in August 1988, the other from an arrest in Hampton, Virginia,
    on March 27, 1988, for which Simmons was sentenced in July 1988. No further
    facts about either offense were presented to the district court either through the
    presentence report or at sentencing.

    Because the facts concerning the prior offenses were not disputed at sentencing,
    the question of whether they are related cases is a legal issue which receives de
    novo review. United States v. Rivers, 929 F.2d 136 (4th Cir.1991). We find
    that the district court's determination was correct. Although the two prior
    convictions were for an identical offense--possession of LSD with intent to
    distribute--and thus were certainly part of the same course of conduct, the
    district court had no information on which it could conclude that they were part
    of a single common scheme or plan. They occurred in the same general
    vicinity, but in different jurisdictions and a year apart. Simmons had an
    opportunity to present evidence which would show that they were part of a
    single common scheme or plan, but failed to do so.2 The remaining arguments
    made by Simmons on appeal were not presented to the district court and in any
    case do not provide any valid reason for treating the prior offenses as related
    cases under 4B1.2(3)(B) and 4A1.2(a)(2).

    The judgment of the district court is accordingly affirmed. We dispense with


    oral argument because the facts and legal contentions are adequately presented
    in the materials before the Court and argument would not aid the decisional
    process.

    AFFIRMED.

    Lysergic acid diethylamide

    For a discussion of the terms "common scheme or plan" and "same course of
    conduct" as used in the guidelines, see Wilkins and Steer, Relevant Conduct:
    The Cornerstone of the Federal Sentencing Guidelines, 41 S.C.L.Rev. 495, 51516 (1990)

    You might also like