U.S. v. DeJESUS-CONCEPCION

Docket No. 09-1673-cr.

607 F.3d 303 (2010)

UNITED STATES of America, Appellee, v. Angel DeJESUS-CONCEPCION, Juan Francisco Guerra-Pena, Adrian Gonzalez-Ruelas, Frances Santos, Defendants, Julio Vallejo, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 11, 2010.


Attorney(s) appearing for the Case

Laurie S. Hershey, Manhasset, NY, for Appellant.

Preet Bharara, United States Attorney for the Southern District of New York (Howard S. Master and Katherine Polk Failla, Assistant United States Attorneys, of counsel), New York, NY, for Appellee.

Before WINTER, CABRANES, RAGGI, Circuit Judges.


PER CURIAM:

Julio Vallejo appeals from the sentence of 144 months imprisonment imposed by Judge Daniels. He argues that the district court misapplied Section 4A1.2(c)(1) of the United States Sentencing Guidelines when it included in its criminal history calculation Vallejo's New York state convictions for unauthorized use of a vehicle in the third degree.

Section 4A1.2(c)(1) provides that a court may not consider prior sentences for certain listed offenses...

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