What is the test for comparing a defendant's criminal history with that of a higher criminal history category?

MultiRegion, United States of America

The following excerpt is from U.S. v. Souza, 993 F.2d 886 (9th Cir. 1993):

The district court should consider "whether a defendant's actual criminal history most closely resembles the next higher criminal history category before concluding that the defendant's record is so severe that comparison to a higher category is warranted." United States v. Starr, 971 F.2d 357, 363 (9th Cir.1992).

Other Questions


Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the impact of prior criminal convictions on a defendant's criminal history category? (MultiRegion, United States of America)
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)
Can a federal court depart upward from the criminal history category when determining the seriousness of an individual's criminal history? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
Is there any case law where a defendant's criminal history category does not reflect his propensity to commit crime? (MultiRegion, United States of America)
What is the effect of repetition of criminal convictions on a defendant's criminal history? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
How have the courts treated a defendant's criminal history score for prior criminal convictions? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.