Uncounseled misdemeanor conviction may be used to award criminal history point in sentencing guidelines calculation

SENTENCING United States v. Jackson, No. 06-2079, ___ F.3d ___ (10th Cir. Jul 9, 2007)(New Mexico). Appeal of sentence for cocaine distribution and conspiracy in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846, and 18 U.S.C. § 2. HELD: District court did not err by awarding criminal history point in sentencing calculation thereby imposing mandatory minimum sentence of five years’ imprisonment and denying application of statutory safety valve where criminal history point was based on defendant’s prior uncounseled misdemeanor conviction. While district court was obliged to disregard defendant’s state misdemeanor jail sentence, it was free to consider conviction itself and accompanying fine in assessing an appropriately tailored sentence. Read the opinion here.