United States v. Robert Phares Hoy

Defendant-appellant Robert Hoy was sentenced under the Federal Sentencing Guidelines to 78 months in custody for robbing the Security Pacific Bank in Portland, Oregon. After the robbery, but before he was sentenced on the robbery charge, Hoy committed two other offenses which resulted in state court sentences. The district court counted these state sentences as “prior sentences” in calculating Hoy’s criminal history under the guidelines.

Hoy argues that the district court erred in counting the state sentences as “prior sentences” under the guidelines because the conduct for which the sentences…