U.S. v. KIRBY

No. 88-5869.

893 F.2d 867 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Tracy L. KIRBY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1990.


Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Randy W. Ream, Asst. U.S. Atty., Terry Cushing (argued), David P. Grise, Asst. U.S. Atty., Louisville, Ky., for plaintiff-appellee.

Thomas F. Chimera (argued), Bowling Green, Ky., for defendant-appellant.

Before RYAN and NORRIS, Circuit Judges, and TURNER, District Judge.


PER CURIAM.

The question raised by this appeal is whether the fact that defendant had been adjudicated delinquent as a minor under Kentucky law and committed to a state agency charged with the custody of delinquent juveniles could be considered in determining his criminal history category under the federal sentencing guidelines.

Defendant entered a plea of guilty to a charge of breaking into a post office, brought...

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