United States v. Jose Cervantes, No. 05-1994 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court did not err in imposing two criminal-history points because defendant was wanted on a valid warrant for a probation violation when he committed these crimes.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1994 ___________ United States of America, Appellee, v. Jose Cervantes, Appellant. * * * Appeal from the United States * District Court for the District * of Minnesota. * * [UNPUBLISHED] * * ___________ Submitted: February 7, 2006 Filed: February 8, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. Jose Cervantes appeals the 120-month concurrent prison sentences the district court imposed after Cervantes pleaded guilty to a drug-conspiracy charge and a charge for aiding and abetting drug possession with intent to distribute. Cervantes argues the court erroneously assessed a total of three criminal-history points, thus rendering him ineligible for safety-valve relief under U.S.S.G. § 5C1.2. * * The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. Having carefully reviewed the record, we conclude the district court s calculation was correct. Contrary to Cervantes's argument, the district court properly assessed two criminal-history points because it is undisputed a valid warrant for a probation violation existed at the time Cervantes committed the crimes in this case. See U.S.S.G. § 4A1.2(m) (defendant who commits instant offense while, e.g., probation violation warrant is outstanding is deemed under a criminal justice sentence for purposes of U.S.S.G. § 4A1.1(d)). Accordingly, we affirm. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
