United States v. Tamara Lenise Martin

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Tamara Lenise Martin appeals the district court’s calculation of her criminal history category. She contends that the court erred in including a prior state sentence for misdemeanor larceny, which had been imposed by a North Carolina district court, and was being considered de novo by a North Carolina superior court at the time of the federal sentencing. Because execution of the state sentence was stayed pending the trial de novo, the district court erred in attributing two criminal history points to that prior sentence pursuant to U.S. Sentencing…