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 and stipulated below, defendant’s criminal history points equal 0 and defendant’s criminal history category is I:
i. On or about October 1, 2001, defendant was convicted of structuring in the United States District Court for the Northern District of Illinois and sentenced to five months’ imprisonment. Pursuant to Guideline § 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 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 14 and defendant’s criminal history category is 1:
i. On or about February 8, 2013, defendant was convicted of theft in case number 11CF445 in the Circuit Court of XxXxxxx County and sentenced to 6 months’ conditional discharge. Pursuant to Guideline § 4A1.1(c), this conviction results in 1 criminal history point.
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 13 and defendant’s criminal history category is VI:
i. On or about June 7, 2010, defendant was convicted of misdemeanor criminal trespass in the 17th Judicial Circuit Court of Winnebago County, Illinois, and sentenced to fines and costs, case 2010-CM-0002175. Pursuant to Guideline § 4A1.2(c)(1), this conviction results in no criminal history points.
ii. On or about April 19, 2010, defendant was convicted of felony retail theft and misdemeanor possession of a look-alike substance in the 17th Judicial Circuit Court of Winnebago County, Illinois, and sentenced to 100 hours community service, 30 months probation, and 180 day suspended term of imprisonment, fines, and costs, in case nos. 2010-CF-0000967 and 2010-CM-0001432. Pursuant to Guideline § 4A1.1(c) this conviction results in 1 criminal history point.
iii. The defendant committed the offense in this case while he was on probation for the offense committed in sub-paragraph ii above. Pursuant to Guideline § 4A1.1(d) this results in 2 criminal history points.
iv. On or about March 12, 2010, defendant was convicted of misdemeanor retail theft and misdemeanor battery in the 17th Judicial Circuit Court of Winnebago County, Illinois, and sentenced to 180 days in prison, with 90 days conditional suspension, 24 months conditional discharge, and fines and costs. Pursuant to Guideline § 4A1.1(b) this conviction results in 2 criminal history points.
v. On or about February 9, 2007, defendant was convicted of felony burglary in the 15th Judicial Circuit Court of Xxxxxxxxxx County, Illinois and sentenced to five years imprisonment in the Illinois Department of Corrections. Pursuant to Guideline § 4A1.1(a) this conviction results in 3 criminal history points.
vi. On or about April 22, 2005 defendant was convicted of felony escape in Richmond County Superior Court of Georgia, and sentenced to one year in prison and four years probation. Pursuant to Guideline § 4A1.1(b) this conviction results in 2 criminal history points.
vii. On or about April 19, 1999, defendant was convicted of: 1) felony manufacturing, distributing, or selling drugs in Xxxx County Superior Court of Georgia, and sentenced to five years in prison, and 2) a misdemeanor of giving a false name, address, or birth date to a law enforcement officer in Xxxx...
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. 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, defendant’s criminal history points equal zero and defendant’s criminal history category is I.
i. On or about October 16, 1997, defendant was convicted of theft in the Circuit Court of Cook County and ordered to pay restitution. Pursuant to Guideline § 4A.1.2(e), defendant receives zero criminal history points for this conviction.
