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Cultura Documentos
No. 13-7339
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:10-cr-00245-JFM-1; 1:13-cv-00230-JFM)
Submitted:
Decided:
September 4, 2014
PER CURIAM:
Jameal
Gould
appeals
the
district
courts
order
correct
his
sentence.
We
granted
certificate
of
computation
of
Goulds
criminal
history
score.
our
to
file
order
an
granting
informal
brief
COA,
we
addressing
directed
this
the
issue,
resolve
as
whether
single
these
sentence,
sentences
pursuant
should
to
be
U.S.S.G.
her
November
2011
sentencing
memorandum,
Shein
report
offender
(PSR)
purposes
course of conduct.
should
because
not
they
count
were
separately
part
of
for
the
same
to
execution
distribute
of
narcotics.
search
warrant
This
for
arrest
home
followed
where
Gould
guilty
on
February
25,
2004,
and
was
for
this
conviction
was
was
Gould
sentenced
the
22K0101000176
to
The case
(hereinafter
as
second
Maryland
conviction,
for
possession
with
intent
which
to
was
also
distribute
No
in the PSR.
conviction
was
22K01000180
(hereinafter
Case
Number
0180).
In addition to arguing that these convictions should
not count separately towards the career offender designation,
Shein also asked the court to evaluate whether or not there are
two separate countable offenses in terms of criminal history
points.
To support her argument, Shein included a transcript
from
Goulds
February
25,
2004
state
court
plea
hearing.
But, in
reciting the factual basis for the guilty plea, the prosecutor
did not state that Gould was arrested on the day of the buy.
The date of Goulds arrest for this charge was not identified.
Case
Number
0176,
which
was
charge
of
felony
According
succeeded
in
defeating
the
career
offender
Maryland
sentences
separately
PSR,
removing
the
career
in
terms
of
calculating
calculations,
but
the
three
criminal
history
points.
With
total
of
eleven
II.
The
assistance
Government
claim
was
argued
without
that
merit,
as
Goulds
any
ineffective
objection
to
asserted
that
Gould
was
arrested
for
the
the
The
first
the
and
the
PSR
reported
that
Gould
was
arrested
in
Case
was
instance
arrested
on
the
second
of
criminal
conduct
instance
October
of
2000),
criminal
there
was
conduct
no
(the
controlled
intervening
arrest
buy
in
and
these
district
court
dismissing
the
Goulds
Governments
intervening arrest.
motion,
contention
the
that
there
was
an
This
court
conclusions de novo.
(4th Cir. 2008).
evidentiary
reviews
the
district
courts
legal
hearing
on
the
motion
prior
to
denying
it,
the
v.
Poindexter,
492
F.3d
263,
267
(4th
Cir.
United
2007)
Goulds
ineffective
assistance
of
counsel
claim
is
analyzed
Sheins
failure
to
object
in
The district
terms
of
the
The Government
to
the
was
critical
predicated
issue
on
of
conduct
whether
that
the
February
occurred
prior
2001
to
the
because
Gould
was
not
arrested
district
courts
contrary
factual
on
the
first
As such, while
conclusion
is
somewhat
We must next
day
for
separately,
if
they
despite
the
were
not,
lack
of
the
an
sentences
intervening
would
arrest.
count
See
U.S.S.G. 4A1.2(a)(2)(B). 2
sentencing
purposes
and
that
[t]he
sentences
on
these
two
cases were imposed at a later date[,] but she did not identify
that date.
that
the
sentences
were
imposed
on
the
same
day;
the
present
record
neither
supports
the
basis
for
the
Accordingly,
denying
relief
on
we
this
vacate
claim
the
and
district
remand
this
courts
case
order
to
the
Maryland
sentences
were
imposed.
Once
this
factual
sentences
separately.
We
dispense
with
oral
argument
10