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"Related" within the meaning of U.S.S.G. §4A1.2(a)(2) (pre-Nov. 1, 2007) requires either formal consolidation order or close factual relationship

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Wood, No. 06-3812 (3d Cir. May 1, 2008), the Third Circuit considered whether the defendant's prior burglary and conspiracy convictions were "related" within the meaning of U.S.S.G. §4A1.2(a)(2) (pre-Nov. 1 2007 version) where the defendant was sentenced for those offenses on the same day before the same judge. Adopting the approach utilized by other circuits and the district court in this case, the Third Circuit held that the imposition of sentences for multiple offenses at the same time by the same judge does not render the cases "consolidated for sentencing" and, therefore, "related" within the meaning of §4A1.2(a)(2), in the absence of either a formal consolidation order or a close factual relationship between the offenses...continue to full post

Full post as published by Third Circuit Blog on May 12, 2008 (boomark / email).