Sentence imposed on revocation of probation relates to original act of conviction, not act underlying revocation

SENTENCING United States v. Dozier, No. 08-4086, ___ F.3d ___ (10th Cir. Feb. 11, 2009)(Utah). Appeal of sentence for possession of firearm by convicted felon. HELD: Where probation is revoked in state proceeding based on same conduct forming basis of federal offense, imposition of original sentence in state proceeding is attributable to original act of conviction, not act underlying revocation. Thus, five year sentence imposed on defendant following revocation of probation was not part of the "instant offense" and federal district court properly considered it in determining defendant’s criminal history. Read the opinion here.