In U.S. v. Shannon, No. 05-13491 (May 16, 2006), the Court rejected the defendant’s argument that his two prior convictions should not count as prior felony convictions for purposes of the career offender classification of USSG § 4B1.1. Although Shannon committed the prior offenses outside the 15-year window preceding the offense of conviction,m the convictions counted because the sentences imposed for those convictions resulted in Shannon being incarcerated during some part of the 15-year period.
The Court noted that the Guidelines provide that a prior conviction is counted when a prior sentence resulted in the defendant being incarcerated during any part of the 15-year period. Shannon had been convicted twice prior to the 15-year period, but, after revocation of probation on these convictions was resentenced and as a result served a term of incarceration for the two prior convictions during the 15-year window. The Court rejected Shannon’s challenge to the "technical" application of the Guidelines.
