Defendant’s 1979 state conviction for auto theft was properly included in sentencing guidelines calculation for 2004 bank robbery conviction

SENTENCING United States v. Randall, No. 05-3423, ___ F.3d ___ (10th Cir. Dec. 27, 2006)(Kansas). Appeal of conviction for bank robbery. HELD: District court did not err by including defendant’s 1979 Kansas auto theft conviction in sentencing guidelines calculations for bank robbery committed in 2004. Under Kansas law, consecutive sentences for separate convictions are served in order in which convictions were rendered. Therefore, because defendant’s conviction for auto theft was rendered after conviction for robbery, sentence for auto theft was served second, making its completion date six months before commission of instant federal offense. Accordingly, auto theft conviction was properly included in guidelines calculation because it was well within preceding fifteen year period allowed by U.S.S.G. §§ 4A1.1(a) and 4A1.2(e). Read the opinion here.