Collins

ORDER OVERRULING DEFENDANT’S OBJECTION TO PRESENTENCE REPORT

INTRODUCTION

Defendant appeared for judgment and sentencing on October 7, 1998. Allen Ruby appeared on behalf of the Defendant. Assistant United States Attorney Amber Rosen appeared on behalf of the United States. The matter was continued to October 21, 1998 in light of Defendant’s objection to the Probation Officer’s Criminal History Computation. At issue is whether the “conditional sentence” imposed on Defendant for reckless driving in California state court is a “criminal justice sentence” under the Federal Sentencing Guidelines.

BACKGROUND

Defendant entered a guilty plea to two counts of tax evasion. The Presentence Report reveals that Defendant had committed the offenses while under a “conditional sentence” that resulted from a conviction for “reckless driving with negligence and alcohol.” The conditional sentence included specific conditions from the state court requiring Defendant to pay a fine, obey all laws, submit to and complete a chemical test if stopped for driving under the influence, not drive a motor vehicle unless properly licensed and insured, not drive a motor vehicle with any amount of alcohol in…