United States v. Phillips
2011 U.S. App. LEXIS 4748
| 8th Cir. | 2011Background
- Phillips pled guilty to conspiracy to distribute more than 100 kilograms of marijuana, with a stipulation of 100–400 kg and base offense level 26 under U.S.S.G. § 2D1.1.
- The Presentence Investigation Report recommended +2 for obstruction of justice and -3 for acceptance of responsibility, for a total offense level of 25.
- PSR attributed one criminal history point for a 2001 Iowa 'driving while barred' conviction and another point for a 2000 Iowa driving while intoxicated conviction, totaling two points and a Criminal History Category II.
- Phillips objected to counting the driving while barred point; the district court overruled the objection.
- Because Phillips had Criminal History Category II, the court determined he was ineligible for safety-valve relief under 18 U.S.C. § 3553(f) and imposed the 60-month mandatory minimum under 21 U.S.C. § 841(b)(1)(B).
- The government contends the driving while barred conviction is a felony offense for sentencing purposes under § 4A1.2(o) and § 4A1.2(c)(1), so it properly increased Phillips’s criminal history count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether driving while barred is counted as a criminal history point. | Phillips argues it is a misdemeanor exempted under § 4A1.2(c)(1). | Government contends it is a felony offense under § 4A1.2(o) and § 4A1.2(c)(1), thus countable. | Driving while barred properly counted as a felony offense for history calculation. |
| If counted, does the driving while barred conviction render Phillips ineligible for safety-valve relief? | Phillips would be eligible for safety valve if not counted as felony. | Because counted as a felony, Phillips is ineligible for safety-valve relief. | Phillips ineligible for safety-valve relief due to felony-level criminal history. |
Key Cases Cited
- United States v. Postley, 449 F.3d 831 (8th Cir. 2006) (aggravated misdemeanor falls within felony offense for § 4A1.2(c))
- United States v. Harrison, 261 Fed. Appx. 499 (4th Cir. 2008) (aggravated misdemeanor treated as felony for guideline purposes)