United States v. J. Franklin Kemp
Opinion
Opinion
Tang, J.
J. Franklin Kemp pleaded guilty to an information charging him with bank robbery. At sentencing, the district court assessed Kemp two criminal history points for two prior convictions for “domestic violence.” The court sentenced Kemp to forty-six months in prison. Kemp appeals his sentence. We vacate Kemp’s sentence and remand for resentencing.
FACTS AND PROCEDURE
Kemp was charged with two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Kemp pleaded guilty to an information charging one of the bank robberies. The presentence report assessed two criminal history points under the Sentencing Guidelines for Kemp’s two misdemean- or “domestic violence” convictions under Arizona Law. See Ariz.Rev.Stat. § 13-3601. The assessment resulted in a criminal history category of II.
One of the incidents occurred on August 22,1986, the second occurred May 21, 1988. For the first offense, the presentence report stated: “Mr. Kemp assaulted Kimberly Rusher.” Kemp had been placed on probation with the condition that he attend counseling. When Kemp failed to attend, the state court revoked probation and sentenced him to five days in jail. The presen-tence report described the second…