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Sentencing Guidelines

By: Derek Hawkins//January 7, 2019//

Sentencing Guidelines

By: Derek Hawkins//January 7, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Justin Kohl

Case No.: 18-2548

Officials: FLAUM, MANION, and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines

Justin Kohl was convicted of three federal controlled substance offenses. At sentencing, the district court assigned Kohl criminal history category IV. The district court included one criminal history point for a 2016 conviction in Wisconsin for operating a vehicle with a detectable amount of a restricted controlled substance in his blood. Kohl argues that the district court erred by including the 2016 conviction because a first violation of the Wisconsin statute at issue does not carry a criminal penalty and should not have been counted. We disagree with Kohl’s interpretation of the Sentencing Guidelines and affirm the district court’s sentence.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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