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  • United States v. Falcone, 1st Cir. (1995)

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    The United States Court of Appeals for the First Circuit affirmed the district court's judgment and Joseph Falcone's criminal history score and sentence. The court rejected Falcone's argument that prior uncounseled misdemeanor convictions that resulted in imprisonment should not have been included in his criminal history score, as the Sentencing Guidelines state such convictions are to be included. The Supreme Court had also previously rejected this same constitutional challenge.

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    Filed: 1995-12-07 Precedential Status: Precedential Docket: 95-1026

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    The United States Court of Appeals for the First Circuit affirmed the district court's judgment and Joseph Falcone's criminal history score and sentence. The court rejected Falcone's argument that prior uncounseled misdemeanor convictions that resulted in imprisonment should not have been included in his criminal history score, as the Sentencing Guidelines state such convictions are to be included. The Supreme Court had also previously rejected this same constitutional challenge.

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    Public Domain
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    6 views6 pages

    United States v. Falcone, 1st Cir. (1995)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the district court's judgment and Joseph Falcone's criminal history score and sentence. The court rejected Falcone's argument that prior uncounseled misdemeanor convictions that resulted in imprisonment should not have been included in his criminal history score, as the Sentencing Guidelines state such convictions are to be included. The Supreme Court had also previously rejected this same constitutional challenge.

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    of 6

    USCA1 Opinion

    December 7, 1995

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT

    ____________________

    No. 95-1026

    UNITED STATES,

    Appellee,

    v.

    JOSEPH FALCONE,

    Defendant, Appellant.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF MAINE

    [Hon. Gene Carter, U.S. District Judge]


    ___________________

    ____________________

    Before

    Torruella, Chief Judge,


    ___________
    Stahl and Lynch, Circuit Judges.
    ______________

    ____________________

    William A. Hahn and Hahn & Matkov on brief for appellant.


    _______________
    _____________
    Jay P. McCloskey,
    __________________
    Assistant U.S.

    Attorney,

    United
    and

    States

    Attorney,

    Helene Kazanji
    _______________

    George T. Dilworth,
    ____________________

    Attorney, on brief for appellee.

    ____________________

    Assistant

    ____________________

    Per Curiam.
    __________

    Having carefully reviewed the parties'

    briefs and the record,

    we affirm the judgment.

    appellant's suggestion, the Sentencing

    provide

    that

    imprisonment

    criminal

    "uncounseled

    was not

    history

    (backg'd).

    Falcone's

    by the Supreme Court

    1921 (1994).

    error,

    much

    score."

    are "to

    U.S.S.G.

    sentences

    be

    where

    counted in

    the

    4A1.2

    comment.

    constitutional challenge was

    rejected

    in Nichols v. United States, 114 S. Ct.


    _______
    _____________

    Accordingly,

    less

    Guidelines explicitly

    misdemeanor

    imposed"

    Contrary to

    plain

    criminal history score.

    the district court

    error,

    in

    Affirmed.
    ________

    computing

    committed no

    appellant's

    See Loc. R. 27.1.


    ___

    -2-

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