United States v. Rengifo

Rengifo pled guilty to heroin offenses, which carried a Guidelines sentencing range, adjusted for acceptance of responsibility, of 15-21 months. Because Rengifo had two controlled substance convictions, the government sought application of the career offender provisions, to increase Rengifo’s sentencing range to 151-188 months. Because Rengifo’s 1999 conviction was more than 10 and fewer than 15 years old, it would count as a prior felony conviction if its sentence of imprisonment exceeded one year and one month. The Pennsylvania court had initially sentenced Rengifo to “time served to 12 months.” Rengifo served 71 days and was paroled. His parole was revoked; he was sentenced to the remaining 294 days. He served another 120 days, was paroled, and again his parole was revoked. He was sentenced to the remaining 174 days. The revocations triggered Guidelines section 4A1.2(k): “[i]n the case of a prior revocation of probation ... add the original term of imprisonment to any term of imprisonment imposed upon revocation.” The phrase “term of imprisonment,” is not defined . Rengifo argued that his term of imprisonment for the 1999 conviction was 365 days: 71 days served prior to parole and 294 days served after his revocations. The government argued that it was 659 days: the initial 365-day maximum sentence plus the 294 days sentenced for the parole violations. The district court agreed with the government, granted a downward variance, and sentenced Rengifo to 120 months. The Third Circuit affirmed, interpreting “term of imprisonment” as synonymous with “sentence of imprisonment.” View "United States v. Rengifo" on Justia Law