U.S. v. PEARSON

No. 01-50148.

312 F.3d 1287 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Dale PEARSON, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2002.


Attorney(s) appearing for the Case

James H. Locklin, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Ronald L. Chen, Assistant United States Attorney, Nancy B. Spiegel, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: NOONAN, WARDLAW and BERZON, Circuit Judges.


NOONAN, Circuit Judge:

The narrow issue before the court is whether the district court correctly increased Stanley Dale Pearson's sentence for bank robbery and escape because he had a previous conviction that resulted in him being "incarcerated." See U.S. Sentencing Guidelines § 4A1.2(e)(1) (2001) (U.S.S.G.). Within the fifteen years before he committed the current crimes, Pearson had been sentenced to ten years imprisonment. Under the usual circumstances...

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