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United States v. Bouknight, No. 09-4085-cr (2d Cir. December 7, 2010) (Katzmann, Livingston, CJJ, Korman, DJ)

This latest per curiam was a summary order that, on the government's motion, the court published. In it, the court holds that a sentence to a conditional discharge in Connecticut state court is a "criminal justice sentence" for purposes of the criminal history enhancement in U.S.S.G. § 4A1.1(d). The court had long ago held that this was true for a New York State conditional discharge. The defense here attempted to distinguish Connecticut from New York by pointing out that in New York a conditional discharge can be revoked, while in Connecticut it can only be modified or enlarged. But, to the circuit, the distinction did not matter. That a Connecticut conditional discharge can be modified is sufficient, because it still means that the sentence has a "supervisory component."

Full post as published by Second Circuit Blog on December 13, 2010 (boomark / email).

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