United States v. Lamm

RHESA HAWKINS BARKSDALE, Circuit Judge:

Paul Darvin Lamm, Jr., pleaded guilty to being a controlled substance user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3) (the instant offense). Appealing only his sentence, he contests the addition of one criminal history point, under Sentencing Guidelines § 4A1.2(c), for his prior conviction for shoplifting. At issue is whether shoplifting an item valued less than $50 (petty theft) should be excluded from the criminal history calculation. That turns on whether the petty theft offense is similar to the crime of insufficient funds…