United States v. Eric Mitchell

LOKEN, Circuit Judge.

Eric Mitchell appeals the ninety-month sentence he received after pleading guilty to possession with intent to distribute more than five grams of cocaine base. Mitchell contends that a prior conviction for fictitious license was not “similar to [the] instant offense” under § 4A1.2(c)(l) of the Sentencing Guidelines and therefore should not have been used in determining his criminal history category for sentencing purposes. We agree and remand for resen-tencing.

Mitchell was indicted on this drug charge in June 1989 but failed to appear for his trial. He was arrested in…