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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.
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