United States v. Guinn, No. 22-5072 (10th Cir. 2023)
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In the case before the United States Court of Appeals for the Tenth Circuit, the defendant Christopher Guinn appealed his convictions for aggravated sexual abuse and assault, arguing that the district court improperly admitted evidence of his prior nonsexual abuse under Federal Rules of Evidence Rule 413. He also contested his 240-month sentence, arguing that the district court miscalculated his criminal-history category, which led to the wrong advisory Guidelines range.
The court affirmed Guinn's convictions but vacated his sentence and remanded for resentencing. The court found that the district court did not err in admitting evidence of Guinn’s previous sexual assaults against his former girlfriends under Rule 413. However, the court agreed with Guinn that his sentences for two prior convictions should have been counted as a single sentence because they were not separated by an intervening arrest. This error led to an incorrect calculation of Guinn's criminal-history category, which in turn affected his sentencing range. The court remanded the case for resentencing under the correct criminal-history category.
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