Fourth Circuit - Criminal History

United States v. Miller, 992 F.3d 322 (4th Cir. 2021). The defendant’s prior North Carolina conviction for possession of marijuana, which had been resolved through a prayer for judgment, netted one criminal history point under §4A1.1(c). The plain language of §4A1.2(f) provides that “diversionary disposition[s] resulting from a finding or admission of guilt, or a plea of nolo contendere” are “counted as a sentence under §4A1.1(c) even if a conviction is not formally entered.” The range of sentencing options, naming conventions, and other aspects of state law are not dispositive because federal law controls the interpretation of the Guidelines.

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