Legal Opinion

United States v. Charles Rogers Cole

Court of Appeals for the Sixth Circuit

Decided August 11, 2005No. 04-1702PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CLAY, Circuit Judge.

We are called upon in this case to consider an issue of first impression in our Circuit: whether a state conviction for being a minor in possession of alcohol is “countable” under § 4A1.2(c) of the United States Sentencing Guidelines (“the Guidelines”) for purposes of calculating a federal defendant’s criminal history score. This question, in turn, requires us to adopt for the first time a standard for determining when a defendant’s prior conviction is “similar” to an offense listed under § 4A1.2(c) such that the prior conviction may not be counted towards his…

2Cases cited22 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Scottie Ray HurstCourt of Appeals for the Sixth Circuit · 2000
  3. United States v. Eric N. UngerCourt of Appeals for the First Circuit · 1990
  4. United States v. Charles Anthony Davidson (03-6544) Debra Ann Davidson (03-6549)Court of Appeals for the Sixth Circuit · 2005
  5. United States v. Richard F. HarrisCourt of Appeals for the Fourth Circuit · 1997

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. DuckroCourt of Appeals for the Sixth Circuit · 2006
  2. Ex Parte ThompsonCourt of Criminal Appeals of Texas · 2005
  3. United States v. JacksonCourt of Appeals for the Sixth Circuit · 2011
  4. United States v. JohnstonCourt of Appeals for the Eighth Circuit · 2008
  5. United States v. BarrientosCourt of Appeals for the Eighth Circuit · 2012

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