United States v. Hagen

Barrett, Circuit Judge.

Mandy Hagen was convicted twice under Illinois law for failing to get her children to school. When she later pleaded guilty in federal court for conspiring to distribute methamphetamine, the district court counted her two convictions for allowing child truancy toward her criminal history score. That was an error. Section 4A1.2(c) of the Sentencing Guidelines excludes certain crimes, and those "similar to" them, from a defendant's criminal history. One of the listed offenses is non-support, which involves failing to provide for a child's basic needs. Permitting truancy…