United States v. Acuna-Reyna

PRYOR, Circuit Judge:

This appeal presents the issue whether a sentencing court may assess a criminal history point for an uncounseled misdemeanor conviction where the defendant was sentenced to probation and a monetary fine. Jorge Acuna-Reyna appeals his sentence of imprisonment of 27 months for illegal reentry after deportation, 8 U.S.C. § 1326(a), (b)(1), and argues that the dis trict court should not have assessed a criminal history point for his previous misdemeanor conviction for driving under the influence because he was not represented by counsel when he was convicted of that offense.…