Brandon Shane Eustice v. United States
DueProcess
that a diversionary disposition resulting from a finding or admission of guilt
in a judicial proceeding is counted as a sentence under § 4A1.1 (c) and is
treated as a 1-point offense for criminal history purposes.
1. Where a sentencing court later imposes 255 days of imprisonment for
revocation of the 3-year probation imposed for the diversionary disposition,
does the imprisonment change the diversionary disposition into a sentence
counted under § 4A1.1 (b), based on the number of days of imprisonment
rather than a diversionary disposition?
2. Where a sentence is based on an incorrect calculation of a defendant's
Guideline range, and results in a higher upper end of that range, is such a
sentence based on erroneous and material information and assumptions in
violation of due process?
Whether a diversionary disposition that results in a later revocation and imprisonment should be counted as a sentence under § 4A1.1(b) rather than a diversionary disposition under § 4A1.1(c)