United States v. Jenkins

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
No. 99-4250
ALPHONSOJAMAL ALI JENKINS, a/k/a
Jamaal Jenkins,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Virginia, at Charlottesville.
James H. Michael, Jr., Senior District Judge.
(CR-98-61-3)
Submitted: September 21, 1999
Decided: October 7, 1999
Before MURNAGHAN, MOTZ, and KING, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Marshall M. Slayton, Charlottesville, Virginia, for Appellant. Robert
P. Crouch, Jr., United States Attorney, Ray B. Fitzgerald, Jr., Assis-
tant United States Attorney, Charlottesville, Virginia, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Alphonsojamal Ali Jenkins pled guilty to armed bank robbery, see
18 U.S.C.A. § 2113(a) (West Supp. 1999), and received a sentence of
seventy-seven months imprisonment. He appeals his sentence, con-
tending that the district court erred in giving him three criminal his-
tory points for a 1997 indeterminate sentence, see U.S. Sentencing
Guidelines Manual §§ 4A1.1(a) (1998), and further erred in awarding
him two criminal history points for having committed the instant
offense while on parole. See USSG § 4A1.1(d). We affirm.
The district court awarded Jenkins three criminal history points
under USSG § 4A1.1(a) for an indeterminate sentence of nine days to
twenty-three months he received in Pennsylvania in 1997 after he was
convicted of making a false report to police.* Jenkins served nine
days imprisonment and was then paroled, with his parole due to
expire in August 2000. The district court gave Jenkins another two
criminal history points under § 4A1.1(d) because Jenkins was on
parole from the 1997 sentence when he committed the instant offense.
We note that the 1997 indeterminate sentence was for a felony
offense. A "felony offense" for sentencing purposes is defined in
§ 4A1.2(o) as "any federal, state, or local offense punishable by death
or a term of imprisonment exceeding one year, regardless of the
actual sentence imposed." Jenkins' conviction for making a false
report to police was punishable by a term of imprisonment exceeding
one year. Therefore, the offense was a felony and the district court
was required to count it. See USSG § 4A1.2(c). Because Jenkins was
on parole for an offense countable in his criminal history when he
committed the instant offense, two points were properly awarded
under § 4A1.1(d). Consequently, we find no error in the sentence
imposed.
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*Jenkins gave a false name when his car was stopped by police. He
had a prior drug conviction in Pennsylvania and had absconded from
probation.
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We therefore affirm the sentence. We dispense with oral argument
because the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the decisional
process.
AFFIRMED
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