United States v. Schnupp

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether a criminal sentence served in an alternative housing facility such as a halfway house can qualify as “a prior sentence of imprisonment” under § 4A1.1 of the U.S. Sentencing Guidelines for the purpose of calculating the criminal history score. In two separate cases before us, United States v. Schnupp, No. 03-1964, and United States v. Wormsley, No. 03-3384, defendants contend their prior sentences served in halfway houses should be classified under § 4A1.1 as “prior sentences,” not “prior sentences of imprisonment.” Defendants seek…