United States v. Banks, No. 13-3473 (2d Cir. 2015)
Annotate this CaseDefendant pleaded guilty to unlawful possession of a firearm by a convicted felon and appealed his sentence, contending that the district court erred when it calculated his criminal history category and base offense level by relying on prior sentences imposed upon pleas entered in accordance with North Carolina v. Alford. The court joined its sister circuits in concluding that a sentence imposed for a conviction resulting from an Alford plea constitutes a "prior sentence" within the meaning of U.S.S.G. 4A1.2(a)(1). Therefore, the court rejected defendant's arguments and affirmed the judgment of the district court.
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