Intent and planning may establish factual basis necessary for treating prior sentences as related to avoid career offender sentence enhancement

SENTENCING United States v. Jordan, No. 06-1161, ___ F.3d ___ (10th Cir. May 17, 2007)(Colorado). Appeal of convictions and sentence for second degree murder, assault with intent to commit murder, assault with dangerous weapon, assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 111(a), 113(a)(1), and 113(a)(6). HELD: To determine whether sentences for prior convictions are related so as not to be counted separately for career offender sentence enhancement purposes under U.S.S.G. § 4A1.1, sentences must have been part of common scheme or plan. Proper inquiry in considering whether prior convictions arose from “single common scheme or plan” focuses on “factual commonality.” Factual commonality includes such factors such as temporal and geographical proximity as well as common victims and a common criminal investigation. These factors, however, are not exclusive. Other factors that may be determinative of factual commonality are intent and planning. Read the opinion here.