What is appellant's argument that he was prejudiced by his prior criminal history?

MultiRegion, United States of America

The following excerpt is from U.S. v. Contreras, 972 F.2d 1344 (9th Cir. 1992):

Appellant next argues that he was prejudiced by his prior criminal history because it overrepresents his criminality. In essence, appellant contends that the district court ought to have departed down for criminal history overrepresentation. Appellant urged the district court to do so at sentencing. The district court was aware that it had the discretion to depart down for criminal history overrepresentation, but declined to do so. [ER 34-35]. Because we lack jurisdiction to review a district court's discretionary refusal to depart, see United States v. Morales, 898 F.2d 99, 103 (9th Cir.1990), appellant's argument must necessarily fail.

Other Questions


Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
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)
Can a federal court depart upward from the criminal history category when determining the seriousness of an individual's criminal history? (MultiRegion, United States of America)
What is the test for comparing a defendant's criminal history with that of a higher criminal history category? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
What is the impact of prior criminal convictions on a defendant's criminal history category? (MultiRegion, United States of America)
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction? (MultiRegion, United States of America)
How have the courts treated a defendant's criminal history score for prior criminal convictions? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.