Eighth Circuit - Criminal History

United States v. Jesse, 950 F.3d 552 (8th Cir. 2020). A prior indeterminate sentence not to exceed two years’ imprisonment counted as a sentence of more than one year and one month yielding three criminal history points, even though a subsequent order showed the defendant’s sentence was discharged after she served 332 days. The subsequent order did not vacate the original indeterminate sentence.

United States v. Doran, 978 F.3d 1337 (8th Cir. 2020). Retroactive reclassification of a prior offense from a felony to a misdemeanor satisfies §4B1.2’s definition of a felony. If the failure to account for retroactive reclassification results in an overstated criminal history, the Guidelines permit a departure under Application Note 4 to §4B1.1.

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