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U.S. v. GIBBONS

No. 08-1216.

553 F.3d 40 (2009)

UNITED STATES of America, Appellee, v. Jameel GIBBONS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 16, 2009.

Attorney(s) appearing for the Case

James M. Fraser with whom Mark W. Pearlstein and McDermott Will & Emery LLP were on brief for appellant.

John A. Wortmann Jr., Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and GARCIA-GREGORY, District Judge.

LYNCH, Chief Judge.

Defendant Jameel Gibbons challenges a sentence of ninety-two months' incarceration imposed on him after he pled guilty to four crack cocaine offenses. Gibbons argues that the district court miscalculated his criminal history category ("CHC") and, consequently, his Guidelines sentencing range ("GSR") by improperly assigning him criminal history points for two prior juvenile offenses. That argument involves consideration of the latitude given to...

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