United States v. Kevin Carlile
884 F.3d 554
| 5th Cir. | 2018Background
- Kevin Cory Carlile pleaded guilty to being a felon in possession of a firearm and was sentenced to 46 months' imprisonment plus three years supervised release.
- The PSR assigned Carlile 10 criminal-history points (Category V), including two points for a DWI for which the PSR reported 364 days confinement.
- Supplemented records showed the DWI judgment credited 365 days "already served," which credited time served on a separate criminal-mischief sentence, so Carlile did not in fact serve time for the DWI.
- The PSR also treated a Texas deferred-adjudication for aggravated assault causing serious bodily injury as a prior felony for §2K2.1(a)(4)(A) base-offense-level calculation.
- Carlile challenged (1) the two criminal-history points for the DWI (raised for the first time on appeal) and (2) treating the deferred adjudication as a prior felony (preserved at sentencing).
- The district court imposed the within-Guidelines sentence; the Fifth Circuit affirmed.
Issues
| Issue | Carlile's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether two criminal-history points under U.S.S.G. §4A1.1(b) may be assessed for a DWI when the judgment credits time served on a different conviction | Carlile: He never "actually served" imprisonment for the DWI, so only one point (or none under (b)) should apply | Government: The judgment stating the sentence is satisfied by time served means the credited time counts as "time served" for the DWI | Court: District court erred in assigning two points, but under plain-error review reversal not warranted—error not "clear or obvious" and relief denied under the fourth prong given defendant's criminal history and minor Guideline impact |
| Whether a Texas deferred adjudication for aggravated assault qualifies as a prior felony under U.S.S.G. §2K2.1(a)(4)(A) for base offense level | Carlile: Deferred adjudication should not count as a prior felony for this Guideline provision | Government: Deferred adjudication counts as a prior felony conviction for base-level calculation | Court: Held against Carlile; binding Fifth Circuit precedent controls (Stauder) |
Key Cases Cited
- Puckett v. United States, 556 U.S. 129 (plain-error standard for unpreserved claims)
- United States v. Prieto, 801 F.3d 547 (5th Cir. 2015) (application of plain-error review in this circuit)
- United States v. Stauder, 73 F.3d 56 (5th Cir. 1996) (Texas deferred adjudication can be used to calculate base offense level under §2K2.1)
- United States v. Brown, 54 F.3d 234 (5th Cir. 1995) (discussing credit for time served and sentencing calculations)
- United States v. Hall, 531 F.3d 414 (6th Cir. 2008) (credit for time served on separate conviction does not mean defendant "actually served" time for the offense at issue)