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