United States v. Timothy Booten

Timothy Booten appeals from the sentence imposed by the district court. Boo-ten seeks reversal on the following grounds:

One. Congress did not authorize the United States Sentencing Commission to adopt guidelines that would permit a district court to consider a juvenile court adjudication as part of a defendant’s criminal history in determining the appropriate sentence.

Two. The Sentencing Guidelines violate due process in equating a juvenile court adjudication with a criminal conviction.

We disagree with each contention and affirm.

PERTINENT FACTS

Booten pleaded guilty, pursuant to a plea bargain, to the crime of knowingly distributing more than five grams of cocaine base, in violation of 21 U.S.C. § 841 (a)(1). The court ordered that sentencing proceedings would be conducted on September 11, 1989.

A presentence report was prepared by the United States Probation office. The report concluded that the appropriate offense level for the crime of knowingly distributing more than five grams of cocaine base was 26. Booten does not dispute this calculation. An offense level of 26 results in a sentencing guideline range of 63-78 months if the Criminal History Category is I. U.S.S.G.…