Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history?

MultiRegion, United States of America

The following excerpt is from U.S. v. Davalos-Perez, 129 F.3d 128 (9th Cir. 1997):

Pursuant to U.S.S.G. 4A1.2(a)(2) prior sentences imposed in "related cases" are treated as one sentence for purposes of computing a defendant's criminal history. Application Note 3 to U.S.S.G. 4A1.2(a)(2) states that prior sentences are considered "related" if they were consolidated for trial or sentencing. However, Application Note 3 does not apply where a court consolidates for sentencing a revocation of probation on one conviction with the imposition of a sentence for a new criminal conviction. See United States v. Palmer, 946 F.2d 97, 98-100 (9th Cir.1991).

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