United States v. Jose Cervantes

U.S. Court of Appeals for the Eighth Circuit
United States v. Jose Cervantes, 166 F. App'x 256 (8th Cir. 2006)

United States v. Jose Cervantes

Opinion

[UNPUBLISHED]

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.

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 ease. 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. § 4Al.l(d)). Accordingly, we affirm.

*

The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Jose CERVANTES, Appellant
Status
Unpublished