AMENDMENT 382
Section 4A1.1 is amended by inserting the following additional subsection:
"(f) Add 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was considered related to another sentence resulting from a conviction of a crime of violence, up to a total of 3 points for this item. Provided, that this item does not apply where the sentences are considered related because the offenses occurred on the same occasion.".
Section 4A1.1 is amended in the first sentence by deleting "(e)" and inserting in lieu thereof "(f)".
Section 4A1.1(c) is amended by deleting "included" and inserting in lieu thereof "counted".
The Commentary to §4A1.1 captioned "Application Notes" is amended by inserting the following additional note:
"6. §4A1.1(f). Where the defendant received two or more prior sentences as a result of convictions for crimes of violence that are treated as related cases but did not arise from the same occasion (i.e., offenses committed on different occasions that were part of a single common scheme or plan or were consolidated for trial or sentencing; see Application Note 3 of the Commentary to §4A1.2), one point is added under §4A1.1(f) for each such sentence that did not result in any additional points under §4A1.1(a), (b), or (c). A total of up to 3 points may be added under §4A1.1(f). ‘Crime of violence’ is defined in §4B1.2(1); see §4A1.2(p).
For example, a defendant’s criminal history includes two robbery convictions for offenses committed on different occasions that were consolidated for sentencing and therefore are treated as related. If the defendant received a five-year sentence of imprisonment for one robbery and a four-year sentence of imprisonment for the other robbery (consecutively or concurrently), a total of 3 points is added under §4A1.1(a). An additional point is added under §4A1.1(f) because the second sentence did not result in any additional point(s) (under §4A1.1(a), (b), or (c)). In contrast, if the defendant received a one-year sentence of imprisonment for one robbery and a nine-month consecutive sentence of imprisonment for the other robbery, a total of 3 points also is added under §4A1.1(a) (a one-year sentence of imprisonment and a consecutive nine-month sentence of imprisonment are treated as a combined one-year-nine-month sentence of imprisonment). But no additional point is added under §4A1.1(f) because the sentence for the second robbery already resulted in an additional point under §4A1.1(a). Without the second sentence, the defendant would only have received two points under §4A1.1(b) for the one-year sentence of imprisonment).".
Section 4A1.2(a)(2) is amended by deleting "the criminal history" and inserting in lieu thereof "§4A1.1(a), (b), and (c)".
Section 4A1.2 is amended by inserting the following additional subsection:
"(p) Crime of Violence Defined
For the purposes of §4A1.1(f), the definition of ‘crime of violence’ is that set forth in §4B1.2(1).".
The Commentary to §4A1.2 captioned "Application Notes" is amended in Note 3 by deleting:
"Cases are considered related if they (1) occurred on a single occasion,",
and inserting in lieu thereof:
"Prior sentences are not considered related if they were for offenses that were separated by an intervening arrest (i.e., the defendant is arrested for the first offense prior to committing the second offense). Otherwise, prior sentences are considered related if they resulted from offenses that (1) occurred on the same occasion,";
and by deleting:
"For example, if the defendant commits a number of offenses on independent occasions separated by arrests, and the resulting criminal cases are consolidated and result in a combined sentence of eight years, counting merely three points for this factor will not adequately reflect either the seriousness of the defendant’s criminal history or the frequency with which he commits crimes. In such circumstances, the court should consider whether departure is warranted. See §4A1.3.",
and inserting in lieu thereof:
"For example, if a defendant was convicted of a number of serious non-violent offenses committed on different occasions, and the resulting sentences were treated as related because the cases were consolidated for sentencing, the assignment of a single set of points may not adequately reflect the seriousness of the defendant’s criminal history or the frequency with which he has committed crimes. In such circumstances, an upward departure may be warranted. Note that the above example refers to serious non-violent offenses. Where prior related sentences result from convictions of crimes of violence, §4A1.1(f) will apply.".
Reason for Amendment: This amendment provides for a specific enhancement under §4A1.2(f) in certain cases having prior convictions of crimes of violence not arising from the same incident that otherwise would be treated as related under §4A1.2. In addition, the definition of related cases in Application Note 3 in the Commentary to §4A1.2 is amended to provide that cases separated by an intervening arrest for one of the offenses are not treated as related cases.
Effective Date: The effective date of this amendment is November 1, 1991.