United States v. Miller

by
Miller was arrested after police found him unconscious behind the wheel of his car, which he had crashed into a street light. At the jail, an officer pulled him from the squad car and found a handgun on the floor where his feet had been. A jury found Miller guilty of possessing a firearm as a felon, 18 U.S.C. 922(g)(1). He was sentenced to 87 months in prison. His presentence report that disclosed Miller, age 31, had 17 criminal history points, with 11 adult convictions, including five felonies: three for firearms, one for drugs, and one for obstruction of justice. The Seventh Circuit affirmed the conviction as supported by sufficient evidence but vacated his sentence. The judge incorrectly said the instant offense was Miller’s seventh felony conviction, and Miller’s 17 criminal history points would place him in a criminal history category VIII if the Guidelines went beyond category VI. The miscounting of Miller’s felony convictions did not affect the Guidelines range but received explicit attention from the district judge when he selected a sentence using the section 3553(a) factors. The misstatement amounted to procedural error. Defendants have a due process right to be sentenced based on accurate information. View "United States v. Miller" on Justia Law