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  • United States v. Guthrie, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit affirmed Howard Guthrie's 24-month sentence for receiving and possessing materials involving the sexual exploitation of minors. Guthrie argued the district court erred in treating his three prior DUI convictions as separate offenses rather than related offenses for criminal history calculation purposes. However, the appellate court found no error because Guthrie's DUIs were separated by intervening arrests, making the prior sentences appropriately considered unrelated cases under the sentencing guidelines. The appellate court thus affirmed the sentence imposed by the district court.

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    Filed: 1996-10-03 Precedential Status: Non-Precedential Docket: 96-4299

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    The United States Court of Appeals for the Fourth Circuit affirmed Howard Guthrie's 24-month sentence for receiving and possessing materials involving the sexual exploitation of minors. Guthrie argued the district court erred in treating his three prior DUI convictions as separate offenses rather than related offenses for criminal history calculation purposes. However, the appellate court found no error because Guthrie's DUIs were separated by intervening arrests, making the prior sentences appropriately considered unrelated cases under the sentencing guidelines. The appellate court thus affirmed the sentence imposed by the district court.

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    12 views3 pages

    United States v. Guthrie, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Howard Guthrie's 24-month sentence for receiving and possessing materials involving the sexual exploitation of minors. Guthrie argued the district court erred in treating his three prior DUI convictions as separate offenses rather than related offenses for criminal history calculation purposes. However, the appellate court found no error because Guthrie's DUIs were separated by intervening arrests, making the prior sentences appropriately considered unrelated cases under the sentencing guidelines. The appellate court thus affirmed the sentence imposed by the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-4299

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    HOWARD C. GUTHRIE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior
    District Judge. (CR-95-171)
    Submitted:

    September 20, 1996

    Decided:

    October 3, 1996

    Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.


    Affirmed by unpublished per curiam opinion.
    Robert E. Frank, Norfolk, Virginia, for Appellant. Helen F. Fahey,
    United States Attorney, Arenda L. Wright Allen, Assistant United
    States Attorney, Norfolk, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Howard C. Guthrie pled guilty to one count of receiving materials involving the sexual exploitation of minors, 18 U.S.C.A.
    2252(a)(2) (West Supp. 1996), and a second count of possession of
    materials involving the sexual exploitation of minors. 18 U.S.C.A.
    2252(a)(4)(B) (West Supp. 1996). He appeals his 24-month sentence, contending that the district court erred in determining that
    three prior sentences for driving under the influence were separate
    offenses rather than related offenses. Finding no error, we affirm.
    Guthrie was arrested for driving under the influence on June
    14, 1989, again on July 3, 1989, and once more on July 4, 1989. He
    was sentenced for the last two convictions on the same day, but the
    cases were not consolidated. Prior sentences may not be treated as
    one in determining a defendant's criminal history if they were for
    offenses separated by an intervening arrest. USSG 4A1.2, comment.
    (n.3).* Because Guthrie's three DUI sentences were for offenses
    which were separated by intervening arrests, the district court did
    not err in finding that they were unrelated cases and assigning one
    criminal history point for each.
    The sentence imposed by the district court is therefore affirmed. We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.

    United States Sentencing Commission, Guidelines Manual (Nov.


    1995).
    2

    AFFIRMED

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