The phrases “violent felony” and “severe drug offense” are defined in 18 U.S.C. § 924. “Prior felony conviction” means a previous grownup federal or state conviction for an offense punishable by demise or imprisonment for a term exceeding one yr, no matter whether such offense is specifically designated as a felony and regardless of the actual sentence imposed. A conviction for an offense dedicated at age eighteen or older is an grownup conviction. The date that a defendant sustained a conviction shall be the date that the guilt of the defendant has been established, whether by responsible plea, trial, or plea of nolo contendere.
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For the purposes of this subsection, a “felony justice sentence” means a sentence countable beneath §4A1.2 having a custodial or supervisory part, although lively supervision is not required for this subsection to apply. For example, a time period of unsupervised probation would be included; but a sentence to pay a fine, by itself, wouldn’t be included.
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This guideline applies in the case of a defendant subject to an enhanced sentence beneath 18 U.S.C. § 924. Under 18 U.S.C. § 924, a defendant is topic to an enhanced sentence if the moment offense of conviction is a violation of 18 U.S.C. § 922 and the defendant has a minimum of three prior convictions for a “violent felony” or “serious drug offense,” or each, committed on occasions different from one another.
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Upward Departure Provision.—Treating multiple prior sentences as a single sentence could result in a legal history rating that underrepresents the seriousness of the defendant’s criminal history and the danger that the defendant presents to the public. Note, nonetheless, that if the sentences within the instance above have been imposed thirteen years ago, the robbery independently would have obtained no legal history factors under §4A1.1, as a result of it was not imposed inside ten years of the defendant’s graduation of the moment offense. Accordingly, it could not function a predicate under the profession offender guideline. Failure to report for service of a sentence of imprisonment is to be handled as an escape from such sentence.