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UNITED STATES v. ROOKS
7
Conviction and the Federal Conspiracy Conviction should be
counted separately for career offender purposes.8
The district court rejected Rooks’s contention that he was
not a career offender. Utilizing the 2007 edition of Guidelines
section 4A1.2, the court explained that prior sentences are
counted separately for career offender purposes if they
resulted from offenses contained in separate charging instruments and were imposed on different days, even if the sentences were not separated by an intervening arrest. Although
the court acknowledged that "there may certainly have been
[an intervening arrest] in this particular case," J.A. 538, it did
not resolve the intervening arrest issue. Instead, the court
found that the sentences resulting from the State Conviction
and the Federal Conspiracy Conviction were imposed on different days and that the offenses giving rise to those convictions were contained in separate charging instruments. As a
result, the court deemed Rooks to be a career offender and
sentenced him to 360 months in prison, followed by eight
years of supervised release. Rooks filed a timely notice of
appeal, and we possess jurisdiction pursuant to 18 U.S.C.
§ 3742(a) and 28 U.S.C. § 1291.
II.
In assessing a district court’s decision on a motion to sup8
The 2007 edition of Guidelines section 4A1.2, entitled "Definitions and
Instructions for Computing Criminal History," provides in subparagraph
(a)(2) as follows:
Prior sentences always are counted separately if the sentences
were imposed for offenses that were separated by an intervening
arrest (i.e., the defendant is arrested for the first offense prior to
committing the second offense). If there is no intervening arrest,
prior sentences are counted separately unless (A) the sentences
resulted from offenses contained in the same charging instrument; or (B) the sentences were imposed on the same day.
USSG § 4A1.2(a)(2).