U.S. v. Lee

Dist. Ct. did not err in sentencing defendant to 210-month term of incarceration on drug distribution and unlawful possession of firearm charges, even though defendant argued that Dist. Ct. should not have added two criminal history points under section 4A1.1(d) of USSG for committing instant offense while on supervision on drunk driving conviction. Record showed that defendant incurred his 2015 drunk driving conviction during time span when defendant was executing drug sales that formed part of relevant conduct calculation, so as to warrant assessment of instant criminal history points. Moreover, Dist. Ct. did not err in imposing $20,000 fine, even though probation officer did not believe that defendant could pay any fine, where presentence report indicated that defendant’s total assets were well in excess of $20,000. Dist. Ct. erred, though, in imposing as term of supervised release prohibition on defendant meeting with known felons “unless granted permission to do so by the probation officer.” Said term improperly delegated Article III power to probation officer, and Article III does not otherwise confer upon probation officer authority to release convict from component of his or her sentence. (Partial dissent filed.)