U.S. v. Potes-Castillo, No. 07-5518-cr (2nd Cir.) (638 F.3d 106) (March 14, 2011) (Judge Stefan R. Underhill)
Sentencing of defendant is vacated because prior criminal history may be excluded under U.S.S.G. § 4A1.2(c)(1) if it is similar to an offense listed in the Sentencing Guidelines.
[Editor's Note: For some commentaries on this decision, see:
• "Traffic Infraction Not Required Part of Criminal History, Circuit Says," by Mark ...
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