U.S. v. BURROUGHS

No. 93-5017.

5 F.3d 192 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil BURROUGHS, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1993.


Attorney(s) appearing for the Case

William Cohen, Asst. U.S. Atty. (argued and briefed), Debra Teufel Phillips, Asst. U.S. Atty., and Ernest W. Williams, U.S. Atty., Office of the U.S. Atty., Nashville, TN, for plaintiff-appellee.

Sumter L. Camp, Asst. Federal Public Defender (argued and briefed), Federal Public Defender's Office, Nashville, TN, for defendant-appellant.

Before: MERRITT, Chief Judge; LIVELY, Senior Circuit Judge; and JOHNSTONE, District Judge.


LIVELY, Senior Circuit Judge.

This appeal challenges the district court's use of a prior uncounseled misdemeanor conviction for which the defendant was not incarcerated to increase the defendant's criminal history category by one point. More specifically, the defendant argues that both Supreme Court and Sixth Circuit decisions prohibit such an enhancement. See Baldasar v. Illinois, 446 U.S. 222

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