U.S. v. Hagen

Dist. Ct. committed plain error in including defendant’s prior convictions for allowing child truancy in calculation of defendant’s criminal history when sentencing defendant on drug conspiracy charge. Under section 4A1.2(c)(1) of USSG, certain prior convictions cannot be counted in defendant’s criminal history, such as non-support of child or spouse, and defendant’s prior convictions for allowing child truancy were sufficiently similar under Guideline’s five-part test to non-support of child or spouse offense, since both offenses pertained to guardian’s failure to fulfill his or her responsibilities to minor in his or her care. As such, defendant was entitled to new sentencing hearing for recalculation of her criminal history.