United States v. Tracy L. Kirby

The question raised by this appeal is whether the fact that defendant had been adjudicated delinquent as a minor under Kentucky law and committed to a state agency charged with the custody of delinquent juveniles could be considered in determining his criminal history category under the federal sentencing guidelines.

Defendant entered a plea of guilty to a charge of breaking into a post office, brought under 18 U.S.C. § 2115. The sentencing judge was advised that defendant, when seventeen years of age, had been adjudicated delinquent by a Kentucky juvenile court on the basis of conduct that…