United States v. Lazaro Roman

TJOFLAT, Chief Judge,

specially concurring:

The Sentencing Reform Act of 1984 (the Sentencing Act),1 through the Guidelines,2 directs district courts to consider an offender’s criminal history when sentencing. In this case, the offender, Lazaro Roman, objected to the district court’s consideration of his 1987 Florida burglary conviction on the ground that the conviction was obtained in violation of the United States Constitution. The district court declined Roman’s invitation to review the constitutionality of the prior conviction. The question before us is whether the district court could…