Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez, 956 F.2d 891 (9th Cir. 1992):

"[T]he offenses listed in U.S.S.G. 4A1.2(c)(2) are excluded from the defendant's criminal history because they are of such minor significance to the goals of sentencing, see 18 U.S.C. 3553(a)(2), that inclusion would more likely distort than improve the process established by the guidelines for determining an appropriate sentence. The listed offenses offer no basis for predicting future significant criminal activity by the defendant; the conduct they involve is not uniformly criminalized, and when it is, the penalty is usually light." United States v. Martinez, 905 F.2d 251, 253 (9th Cir.1990).

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