Eleventh Circuit Court of Appeals - Published Opinions

Monday, April 05, 2010

Coast: Two Criminal History Points for Driving with Suspended Licence Conviction

In U.S. v. Coast, No. 17-116 (April 5, 2010), the Court affirmed adding two points to a defendant’s criminal history for a prior conviction for driving with a suspended license.

Coast had originally been sentenced to probation. Had this remained his only sentence, the prior conviction would not have qualified for the two criminal history points under U.S.S.G. § 4A1.2(c)(1). However, Coast’s probation was revoked, and he was sentenced to 219 days’ incarceration, more than the 30-day threshold for counting prior convictions. The Court noted that revocation of probation is part of an original sentence. Moreover, the Guidelines focus on the length of the sentence, not the nature of the conviction.