United States v. Lemont D. Gross

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellant Lemont D. Gross (“Gross”) appeals the sentence imposed by the district court under the Federal Sentencing Guidelines (“guidelines”) Level 11, Category V, of 24 months’ imprisonment for one count of use of a counterfeit access device, in violation of 18 U.S.C. § 1029(a)(1). Gross argues that the court should have given him a Category III rather than Category V rating for his criminal history, which would have placed him in the 12 to 18 rather than the 24 to 30 month sentencing range under the guidelines. He contends that this error was the result…