United States v. Hagen

Hagen was convicted twice under Illinois law for failing to get her children to school (Guardian Allows Child Truancy). She later pleaded guilty in federal court for conspiring to distribute methamphetamine. The district court counted her two convictions for allowing child truancy toward her criminal history score. The Seventh Circuit reversed, applying a five‐factor test to confirm that Guardian Allows Child Truancy is similar to, but less serious than, the offense of non‐support (failing to provide for a child’s basic needs); Sentencing Guidelines section 4A1.2(c)(1) therefore required its exclusion from the criminal history score. Non‐support bears so many obvious similarities to Guardian Allows Child Truancy that the court plainly ought to have considered it; the court committed plain error, affecting a substantial right. View "United States v. Hagen" on Justia Law