United States v. Edward L. Pate

DUBINA, Circuit Judge:

Appellant Edward L. Pate (“Pate”) appeals the district court’s imposition of his sentence under the Assimilated Crimes Act, 18 U.S.C. § 13(a) (1994) (“ACA”), for driving under the influence of alcohol (“DUI”), in violation of Ala.Code § 32-5A-191(a)(1)(1975). We affirm.

I. BACKGROUND

A federal grand jury in the Northern District of Alabama returned a one-count indictment charging Pate with a violation of DUI as codified under Ala.Code. § 32-5A-191(a)(1) (1975), and as assimilated under 18 U.S.C. § 13(a) (1994).

The presentence investigation report (“PSI”) stated that Pate…