United States v. Fernandez, No. 13-50131 (5th Cir. 2014)
Annotate this CaseDefendant, convicted of methamphetamine-related offenses, appealed his sentence. The court concluded that the district court did not err in assessing two criminal history points for defendant's prior Colorado sentence. Defendant argued that his prior sentence could not have been a prior sentence of imprisonment of at least 60 days under U.S.S.G. 4A1.1(b). The court concluded that defendant's prior sentence was not suspended in full and the non-suspended portion exceeded 60 days. Accordingly, the court affirmed the judgment of the district court.
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