United States v. Robert Phares Hoy

Defendant-appellant Robert Hoy was sentenced under the Federal Sentencing Guidelines to 78 months in custody for robbing the Security Pacific Bank in Portland, Oregon. After the robbery, but before he was sentenced on the robbery charge, Hoy committed two other offenses which resulted in state court sentences. The district court counted these state sentences as “prior sentences” in calculating Hoy’s criminal history under the guidelines.

Hoy argues that the district court erred in counting the state sentences as “prior sentences” under the guidelines because the conduct for which the sentences were imposed occurred after the offense for which he is presently being sentenced. We reject Hoy’s argument, and conclude the state sentences were “prior sentences” that were properly included in Hoy’s criminal history under the guidelines.

BACKGROUND

On September 2, 1989, Robert Hoy robbed the Security Pacific Bank in Portland, Oregon. Hoy immediately fled to Idaho, where he falsely obtained merchandise and lodging. Hoy then returned to Oregon. On September 15, 1989, he was arrested and found with a stolen vehicle. On October 23, 1989, Hoy was convicted in Oregon state court of attempted…