United States v. Dario Restrepo

PREGERSON, Circuit Judge:

Dario Restrepo appeals his forty-six month prison sentence imposed after he was convicted of two counts of distribution of cocaine. The appeal presents the following question concerning the interpretation of the new Sentencing Guidelines 1 (“Guidelines”): In sentencing Restrepo, did the district court err in construing the Guidelines’ Multiple Counts section (Chapter Three, Part D) to apply to conduct that did not result in his conviction. We conclude that conduct that does not result in a criminal conviction should not be considered under the Multiple Counts section…