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Subsection supplies guidelines for figuring out the sentence for profession offenders who’ve been convicted of 18 U.S.C. § 924 or § 929. For instance, in a case by which the statutory most term of imprisonment underneath 21 U.S.C. § 841 is increased from twenty years to thirty years because the defendant has a number of qualifying prior drug convictions, the “Offense Statutory Maximum” for that defendant for the purposes of this guideline is thirty years and not twenty years.
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If more than one rely of conviction is of a crime of violence or controlled substance offense, use the utmost licensed time period of imprisonment for the count that has the best offense statutory maximum. Under §4A1.2, a conviction for which the defendant has not but been sentenced is treated as if it have been a previous sentence under §4A1.1 if a sentence resulting from such conviction in any other case would have been counted. In the case of an offense set forth in §4A1.2 , a conviction for which the defendant has not but been sentenced is handled as if it were a prior sentence under §4A1.2 only where the offense is similar to the instant offense (as a result of sentences for other offenses set forth in §4A1.2 are counted only if they are of a specified type and length).
The terms “violent felony” and “severe drug offense” are defined in 18 U.S.C. § 924. “Prior felony conviction” means a … Read More