Criminal History Category Sample Clauses

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government, defendant’s criminal history points equal zero and defendant’s criminal history category is I.

Criminal History Category. Based on information available at this time, the parties believe that the defendant’s criminal history category is I. This does not constitute a stipulation, but a belief based on an assessment of the information currently known. Defendant’s actual criminal history and related status will be determined by the Court based on the information presented in the Presentence Report and by the parties at the time of sentencing.

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government, defendant’s criminal history points equal zero. However, pursuant to Guideline § 3A1.4(b), the defendant has a Category VI criminal history.

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government and stipulated below, defendant’s criminal history points equal 0 and defendant’s criminal history category is I: i. The parties agree that on or about July 17, 2000, defendant was convicted of deceptive practices in the Circuit Court of Cook County, Illinois, and sentenced to one year of court supervision. Pursuant to Guidelines 4A1.2(e)(3), defendant receives 0 criminal history points for this conviction.

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government, defendant’s criminal history points equal 14 and defendant’s criminal history category is VI: i. On or about December 21, 2010, in case number 10 CF 200, in the Circuit Court of Xxxxx County, defendant was convicted of driving on a suspended driver’s license and sentenced to 30 days’ jail and 24 months’ conditional discharge. Pursuant to Guideline §§ 4A1.1(c) and 4A1.2(c), this conviction results in 1 criminal history point. ii. Because defendant committed the instant offense while defendant was on conditional discharge for the conviction described in paragraph i, 2 criminal history points are added pursuant to Guideline § 4A1.1(d) iii. On or about February 23, 2010, in case number 09 TR 4185, in the Circuit Court of DeKalb County, defendant was convicted of driving on a suspended driver’s license and sentenced to 30 days’ jail. Pursuant to Guideline §§ 4A1.1(c) and 4A1.2(c), this conviction results in 1 criminal history point. iv. On or about July 19, 2007, in case numbers 06 CM 4744 and 06 TR 33133, in the Circuit Court of Winnebago County, defendant was convicted of resisting a peace officer and driving on a suspended driver’s license and sentenced to 28 days’ jail and 12 months’ conditional discharge. Pursuant to Guideline § 4A1.2(c), this conviction results in 0 criminal history points. v. On or about March 15, 2007, in case number 04 TR 73702, in the Circuit Court of Winnebago County, defendant was convicted of driving on a suspended driver’s license and sentenced to 12 months’ conditional discharge. Pursuant to Guideline § 4A1.2(c), this conviction results in 0 criminal history points. vi. On or about March 30, 2005, in case number 03 TR 9261, in the Circuit Court of Xxxxx County, defendant was convicted of driving on a suspended driver’s license and sentenced to 40 days’ jail. Pursuant to Guideline §§ 4A1.1(c) and 4A1.2(c), this conviction results in 1 criminal history point. vii. On or about January 18, 2005, in case number 02 CM 8623, in the Circuit Court of Winnebago County, defendant was convicted of theft and sentenced to 3 weeks’ court supervision. Pursuant to Guideline § 4A1.1(c), this conviction results in 1 criminal history point. viii. On or about April 28, 2004, in case number 03 TR 58852, in the Circuit Court of Winnebago County, defendant was convicted of driving on a suspended driver’s license a...

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government and stipulated below, defendant’s criminal history points equal 1 and defendant’s criminal history category is I: i. On or about October 23, 2003, defendant was convicted of illegal possession of a firearm in the Circuit Court of XxXxxxx County, Illinois, and sentenced to 1 year of supervision. Pursuant to Guidelines 4A1.1(c) and 4A1.2(e)(2), defendant receives 1 criminal history point for this conviction.

Criminal History Category. Based on the facts now known to the government, defendant’s criminal history category is I.

Criminal History Category. With regard to determining defendant's criminal history points and criminal history category, based on the facts now known to the government and stipulated below, defendant's criminal history points equal 6. Due to the operation of Guideline §3A1.4, however, defendant's criminal history category is VI. i. In or about 1988, defendant was convicted in the United States District Court for the Eastern District of New York of conspiracy to import heroin into the United States and sentenced on January 5, 1989, to four years’ imprisonment. On or about March 27, 1995, defendant was found to have violated the terms of his supervised release, and was sentenced to six months’ imprisonment. Pursuant to Guideline §4A1.2(e)(1) and (k), because defendant was incarcerated for his supervised release violation in 1995, his 1989 conviction is considered to have occurred within 15 years prior to the commencement of the instant offense, which began no later than late 2005. Pursuant to Guideline §4A1.1, the defendant is assessed 3 criminal history points for this conviction; ii. On or about July 18, 1997, defendant was convicted of conspiracy to import and possess heroin with the intent to distribute it in violation of Title 21, United States Code, Sections 963 and 846 in the United States District Court for the Eastern District of New York and sentenced on November 7, 1997, to eighteen months’ imprisonment. Pursuant to Guideline §4A1.1(a), defendant is assessed 3 criminal history points for this conviction; iii. Based upon the above, defendant’s total criminal history points are 6.

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government and stipulated below, defendant’s criminal history points equal 16 and defendant’s criminal history category is VI: i. On or about February 9, 2001, defendant was convicted of attempting to escape while awaiting a felony trial in the 20th Circuit Court of Michigan, and sentenced to 270 days’ imprisonment and 3 years’ probation. Pursuant to Guideline § 4A1.2(e), defendant receives zero criminal history points for this sentence. ii. On or about February 9, 2001, defendant was convicted of breaking and entering a vehicle to steal property in the 20th Circuit Court of Michigan, and sentenced to 106 days’ imprisonment and 3 years’ probation. On or about August 20, 2001, defendant was convicted of violating his probation and sentenced to 300 days’ imprisonment. Pursuant to Guideline § 4A1.1(a) and 4A1.2(k)(1), defendant receives 3 criminal history points for this sentence. iii. On or about January 14, 2002, defendant was convicted of possessing a firearm when committing a felony (Count 2) and larceny from a person (Count 4) in the 20th Circuit Court of Michigan and sentenced to a range of 42 - 120 months’ imprisonment on Count 4 and a consecutive 24 months’ imprisonment on Count 2. Pursuant to Guideline § 4A1.1(a), defendant receives 3 criminal history points for this sentence. iv. On or about November 27, 2007, defendant was convicted of resisting and obstructing a police officer in the 58th Circuit Court of Michigan and sentenced to 25 days’ imprisonment. Pursuant to Guideline § 4A1.2(c)(1), defendant receives zero criminal history points for this sentence. v. On or about December 5, 2008 defendant was convicted of attempting to assault/resist/obstruct a police officer in the 58th Circuit Court of Michigan and sentenced to 120 days’ imprisonment. Pursuant to Guideline § 4A1.1(b) and 4A1.2(c)(1), defendant receives 2 criminal history points for this sentence. vi. On or about July 2, 2009, defendant was convicted of attempted armed robbery in the Circuit Court of Madison County, Illinois and sentenced to 11 years’ imprisonment. Pursuant to Guideline § 4A1.1(a), defendant receives 3 criminal history points for this sentence. vii. On or about October 11, 2010, defendant was convicted of assault with intent to xxx while armed in the 17th Circuit Court of Michigan and sentenced to 4 years and 10 months’ imprisonment to run conc...

Criminal History Category. With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government and stipulated below, defendant’s criminal history points equal 3 and defendant’s criminal history category is II: i. On or about September 10, 1999, defendant was convicted of conspiracy to possess with intent to distribute cocaine in the United States District Court for the Northern District of Illinois, was and sentenced to a term of imprisonment of 108 months. Pursuant to Guideline 4A1.1(a) the defendant receives 3 points for this sentence.