United States v. Harold Lee Aichele

Harold Lee Aichele appeals his conviction of manufacturing methamphetamine in violation of 21 U.S.C. § 841 (a)(1). The appeal presents a narrow issue, whether a reckless driving conviction is a “minor traffic infraction” for purposes of determining a defendant’s criminal history. Affirming the district court, we hold that it is not.

PROCEEDINGS

On July 20, 1989 Aichele, pursuant to a plea agreement, pleaded guilty of manufacturing methamphetamine between July 18, 1988 and December 21, 1988 in the City of Palermo, Butte County, California. In calculating his criminal history, the probation officer determined that he had been court-martialled in 1983 while a sergeant in the Air Force for possession of hashish, cocaine and LSD, imprisoned and dishonorably discharged and further, that while on military parole from this conviction, he pleaded guilty on November 22, 1985 to a charge of reckless driving on his motorcycle in Pleasant Hill, California. For the latter offense he was sentenced to traffic school, a fine, and three years probation. He was, therefore, still on probation for reckless driving when he committed the drug offense for which he was being sentenced.

Pursuant to §…