Cite as: 532 U. S. 59 (2001)
Opinion of the Court
all those that are "related" to one another. USSG § 4B1.2(c), and comment., n. 3; § 4A1.2(a)(2). And they advise (in an application note) that prior convictions are "related" to one another when, inter alia, they "were consolidated for . . . sentencing." § 4A1.2, comment., n. 3.
The Seventh Circuit has refined this "prior conviction" doctrine yet further. It has held that two prior convictions might have been "consolidated for sentencing," and hence "related," even if the sentencing court did not enter any formal order of consolidation. See United States v. Joseph, 50 F. 3d 401, 404, cert. denied, 516 U. S. 847 (1995). In such an instance, the Circuit has said, a court should decide whether the convictions were nonetheless "functionally consolidated," which means that the convictions were "factually or logically related, and sentencing was joint." 201 F. 3d 937, 940 (2000) (emphasis added).
B
This case concerns "functional consolidation." Paula Bu-ford pleaded guilty to armed bank robbery, a crime of violence, in federal court. The federal sentencing judge had to decide whether Buford's five 1992 Wisconsin state-court convictions were "related" to one another, and consequently counted as one single prior conviction, or whether they should count as more than one.
The Government conceded that four of the five prior convictions were "related" to one another. These four involved a series of gas station robberies. All four had been the subject of a single criminal indictment, and Buford had pleaded guilty to all four at the same time in the same court. See USSG § 4A1.2, comment., n. 3 (prior offenses are "related" if "consolidated for trial or sentencing").
The Government did not concede, however, that the fifth conviction, for a drug crime, was "related" to the other four. The drug crime (possession of, with intent to deliver, cocaine) had taken place about the same time as the fourth
61
Page: Index Previous 1 2 3 4 5 6 7 8 NextLast modified: October 4, 2007