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United States v. Garrett

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ARGUED MAY 7, 2008

Before BAUER, POSNER and WILLIAMS, Circuit Judges.

Garrett challenges the district court’s calculation of his criminal history score under the United States Sentencing Guidelines, arguing that the court erred when it included his prior conviction for bail jumping in its assessment of his criminal history. In this appeal, we consider the issue of whether a state conviction for bail jumping is “similar to” the offense of contempt of court under the Sentencing Guidelines, which would result in the exclusion of the conviction from a defendant’s criminal history score. We find that it is, and for reasons set forth below, we vacate the district court’s decision to include Garrett’s bail jumping conviction and remand for resentencing.

 
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