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U.S. v. RASCO

No. 91-6004.

963 F.2d 132 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. John D. RASCO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Ed Bryant, U.S. Atty. and Amy E. Spain, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Memphis, Tenn., for plaintiff-appellee.

Clifton Harviel, Federal Public Defender (argued and briefed), Memphis, Tenn., for defendant-appellant.

Before: JONES, GUY, and BATCHELDER, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

In the present appeal, we address the narrow issue of whether detention in a halfway house or community treatment center upon revocation of a defendant's parole constitutes a sentence of incarceration within the meaning of section 4A1.2(e)(1) of the federal sentencing guidelines. See United States Sentencing Commission, Guidelines Manual, § 4A1.2(e)(1) (Nov.1991). Because we conclude that the district court correctly...

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