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U.S. v. PRUITT

No. 06-6002.

545 F.3d 416 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Samson PRUITT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2008.

Attorney(s) appearing for the Case

ARGUED: Sandra B. Jelovsek, Johnson City, Tennessee, for Appellant. Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Sandra B. Jelovsek, Johnson City, Tennessee, for Appellant. Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, Robert M. Reeves, Assistant United States Attorney, Greeneville, Tennessee, for Appellee.

ROGERS, J., delivered the opinion of the court, in which MOORE, J., joined. MERRITT, J. (pp. 426-31), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

In determining whether to apply the career offender provision of the United States Sentencing Guidelines, must the federal court take into account the defendant's state criminal history (or lack thereof) at the time of his predicate North Carolina convictions? The answer is yes, given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent.

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