UNITED STATES of America, Plaintiff-Appellee,
v.
Robert L. SMITH, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 29, 1990.
March 29, 1990.
Attorney(s) appearing for the Case
David Cooper, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., and Kurt J. Shernuk, Asst. U.S. Atty., with him on the briefs), Topeka, Kan., for plaintiff-appellee.
Michael L. Harris, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on the brief), Kansas City, Kan., for defendant-appellant.
Before LOGAN and BALDOCK, Circuit Judges, and PHILLIPS, District Judge
United States Court of Appeals, Tenth Circuit.
PHILLIPS, District Judge.
"Dates are important." Derstein v. Van Buren,828 F.2d 653, 654 (10th Cir.1987). So are prepositions. In this case we examine the chronology of a defendant's criminal record and interpret the meaning of the preposition "within" in the context of a Sentencing Guideline utilized in computing a defendant's criminal history category. Riding on the outcome of this interpretation is whether the defendant...
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