Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code?

Although the Guidelines limit the degree to which relatively minor infractions affect criminal history, they in no way suggest a presumption that misdemeanors and petty offenses should be disregarded. In fact, the exception begins with the introduction: "Sentences for misdemeanor and petty offenses are counted, except as follows." 4A1.2(c). Moreover, the defendant has the burden of showing that the exception applies. See United States v. Booker, 71 F.3d 685, 688 (7th Cir. 1995). Overall, the Guidelines leave little doubt that the general rule is that "misdemeanor offenses are to be counted in computing a criminal history score." United States v. Hardeman, 933 F.2d 278, 280 (5th Cir. 1991). However, they do leave doubt as to the method to use in determining when offenses are "similar" enough to the Listed Offenses to qualify for the exception.

B. Existing Caselaw