United States v. Larry Roscoe McGlocklin

RALPH B. GUY, Jr., Circuit Judge.

We voted to consider this case en banc to decide whether a defendant may challenge at sentencing a prior state court conviction not previously ruled invalid which would result in a longer sentence if included within the sentencing guidelines calculus.1 We conclude that a narrow window of challenge to prior convictions is available, and in this opinion we set forth the considerations that should inform a sentencing court’s disposition of such a challenge. As to defendant McGlock-lin’s sentence, we conclude that on the evidence presented his prior convictions…