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Admission of Guilt Required for Criminal History Scoring

By Jonathan Byrne

US v. Martinez-Melgar: Martinez-Melgar pleaded guilty to various drug and firearms charges. At sentencing, he challenged the use of a prior North Carolina disposition in the calculation of his criminal history score. Specifically, Martinez-Melgar argued that his participation in a "District Court Step Drug Program" in Mecklenburg County, NC, should not count in his criminal history because he did not make an admission of guilt in connection with the program. Likewise, Martinez-Melgar argued that the term of probation he was on as a part of the Step program could not be used to increase his criminal history score under USSG 4A1.1(d). The district court disagreed, partly based on testimony at the sentencing hearing from the architect of the Step program who explained that participation in that program required a "statement of responsibility" that was the equivalent of an admission of guilt, even though the Government could not provide evidence of such a statement in Martinez-Melgar's case...continue to full post

Full post as published by Fourth Circuit Blog on January 25, 2010 (boomark / email).