United States v. Dennis McCrudden

Dennis MeCrudden appeals the district court’s calculation of his prison sentence under the Federal Sentencing Guidelines. We review the applicability of the Sentencing Guidelines under a de novo standard of review. United States v. Restrepo, 884 F.2d 1294, 1295 (9th Cir.1989). We affirm.

FACTS

MeCrudden entered a guilty plea to three counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). He was sentenced to a 63 month prison term pursuant to the sentencing guidelines. The district court determined that McCrudden's criminal history fell within category IV. The presentence report revealed that MeCrud-den had committed the bank robbery while under an unsupervised two-year probation that resulted from a conviction for driving on a suspended license. The district court, pursuant to § 4Al.l(e), added one criminal history point for a prior offense, and two points pursuant to § 4Al.l(d), for commission of the crime while on probation. Four additional points were counted for unrelated prior offenses. MeCrudden appeals only the district court’s use of his probation status in calculating his criminal history category.

DISCUSSION

Section 4Al.l(d) of the sentencing guidelines…