United States v. Herrington

OPINION

McKEE, Circuit Judge.

George Herrington appeals the sentence that was imposed following his guilty plea to operating a motor vehicle while under suspension for driving under the influence of alcohol, in violation of Section 1543(b)(1) of the Pennsylvania Vehicle Code, 75 Pa. C.S. § 1543(b)(1), as assimilated into federal law by 18 U.S.C. § 13(a). A magistrate judge sentenced him to a term of imprisonment for the assimilated violation. 1 The district court affirmed that sentence and denied his appeal. For the reasons that follow, we will affirm the sentence of imprisonment, but remand to…