United States v. Stewart
2011 U.S. App. LEXIS 13080
8th Cir.2011Background
- Stewart pleaded guilty to three counts of bank robbery and one count of aiding and abetting firearm use.
- The district court sentenced Stewart to 204 months, after applying a total of 16 criminal-history points.
- Nine points stemmed from juvenile sentences; four counted as two points each for confinement of at least sixty days.
- The district court excluded two juvenile sentences as too old and counted Glen Mills as not confinement, yielding one point for that sentence.
- The district court relied on Allen and Morgan to classify the Bar None and Hennepin County Home School as confinement and Glen Mills as non-confinement.
- Stewart challenged the counting of juvenile points and the district court’s confinement determinations; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile confinement counts for criminal history. | Stewart argues home-school placements were not confinement. | Stewart contends confinement standard is met for some juvenile placements. | Confinement standard applied; some juvenile sentences counted as confinement. |
| Whether the district court correctly applied 4A1.2(d)(2)(A) and (B). | Points should be counted under (B) if not confinement. | Points should be counted under (A) where confinement occurred. | District court properly distinguished confinement versus non-confinement and allocated points accordingly. |
Key Cases Cited
- United States v. Allen, 64 F.3d 411 (8th Cir.1995) (juvenile confinement can count as imprisonment for HPI purposes)
- United States v. Morgan, 390 F.3d 1072 (8th Cir.2004) (adult program placements may count as imprisonment if confinement is significant)