United States v. Andre Dion Jones, Jr.
Docket: 95-4035
Court: Court of Appeals for the Eighth Circuit; June 26, 1996; Federal Appellate Court
Andre Dion Jones, Jr. appealed a 151-month sentence for bank robbery, arguing that the district court improperly calculated his criminal history and wrongfully classified him as a career offender. The court reviewed the assessment of three criminal history points for each of two felony convictions, which were from separate offenses. Although both sentences had been suspended in favor of probation, and later revoked, Jones contended that the offenses should be considered "related" under U.S.S.G. 4A1.2(a)(2) due to the concurrent execution of sentences following probation revocation. The Eighth Circuit Court affirmed the district court's decision. It ruled that Jones's convictions were not related because they were separated by an intervening arrest, and therefore, the court correctly assessed three points for each conviction. Furthermore, since Jones had two qualifying felony convictions, he met the criteria to be classified as a career offender under U.S.S.G. 4B1.1. The judgment of the district court was ultimately upheld.