United States v. Jesse, No. 18-3673 (8th Cir. 2020)Annotate this Case
Jesse received a suspended sentence and probation for possession of methamphetamine, second offense. Due to several probation violations and arrests, she spent more than 332 days in custodial settings. She was arrested again in June 2003. A state court imposed a revocation sentence of an indeterminate term not to exceed two years’ incarceration. Jesse’s attorney had consulted with the Iowa Department of Corrections, which indicated that Jesse would fully serve her sentence in no more than 332 days; based on her time in custodial settings, she had already served more than that amount of time. The Department advised that Jesse should not be transported to the Classification Center and that counsel should apply for an order discharging Jesse’s sentence. The court granted that order.
At sentencing following her guilty plea to federal methamphetamine charges, the issue was whether the state sentence was for more than one year and one month for purposes of calculating criminal-history points under U.S.S.G. 4A1.1(a); 4A1.2(e)(1). The court found that the state sentence was two years, which resulted in an advisory range of 188-235 months. Applying 18 U.S.C. 3553(a), the court noted Jesse’s personal history and imposed a 175-month sentence. The Eighth Circuit affirmed. Courts should rely on the judgment imposing sentence, rather than evidence of time actually served when calculating criminal history points. The state judge expressly vacated the order regarding Jesse’s transport to prison but did not vacate the sentence and did not believe himself to be amending, retracting, or replacing the sentence.