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Criminal Law Keyed to Osler
Molino-Martinez v. United States
Citation:578 U.S. 189 (2016)
At the sentencing hearing, the US Probation Office calculated defendant’s total offense level as 21. 18 of those points were due to his criminal history with 11 points coming from five aggravated burglary convictions from 2011. That resulted in a level VI and a guideline sentencing range of 77 to 96 months. Both sides agreed to 77 months.
On appeal, defendant argued that the range was wrong, and because those 5 burglaries were considered individually but the US Probation Office instead of jointly because he was charged and convicted of all 5 at the same time- they should have given him 5 points instead of 11. With the new total, he would have been at level V instead of VI and his sentencing guideline range would have been 70-87 months instead of 77-96. He argues this is a plain error because it resulted in a longer sentence than he deserved.
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