Application of §4B1.4 in Cases Involving Convictions Under 18 U.S.C. § 844, § 924, or § 929.—If a sentence beneath this guideline is imposed along side a sentence for a conviction beneath 18 U.S.C. § 844, § 924, or § 929, do not apply both subsection or . A sentence underneath 18 U.S.C. § 844, § 924, or § 929 accounts for the conduct coated by subsections and because of the relatedness of the conduct covered by these subsections to the conduct that varieties the premise for the conviction beneath 18 U.S.C. § 844, § 924, or § 929. Except as offered in subsection , if the offense level for a profession offender from the table on this subsection is bigger than the offense stage in any other case relevant, the offense degree from the desk on this subsection shall apply.
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To avoid disparities from jurisdiction to jurisdiction in the age at which a defendant is considered a “juvenile,” this provision applies to all offenses dedicated previous to age eighteen. Sentence of Imprisonment.—To qualify as a sentence of imprisonment, the defendant must have actually served a interval of imprisonment on such sentence .
That is, legal historical past points are primarily based on the sentence pronounced, not the length of time actually served. A sentence of probation is to be treated as a sentence underneath §4A1.1 except a situation of probation requiring imprisonment of no less than sixty days was imposed.
A career offender’s felony historical past class in each case under this subsection shall be Category VI. LIMITATION ON EXTENT OF DOWNWARD DEPARTURE FOR CAREER OFFENDER.—The extent of a downward departure underneath this subsection for a career offender within the which means of §4B1.1 could not exceed one felony history category.