United States v. Saiz

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Defendant-appellant Gabriel Saiz was convicted on two counts of unlawful firearm possession. He was given an enhanced sentence because at the time of his offenses he was on probation for several state crimes in New Mexico. After he had pleaded guilty to the state charges, they were conditionally discharged under state law, which meant that if he completed a term of probation they would be dismissed. He argued on appeal to the Tenth Circuit that he was not eligible for an enhanced sentence for purposes of the federal Sentencing Guidelines because being subject to a conditional discharge did not count as being “under indictment.” The Court disagreed and concluded that an offender subject to conditional discharge was still under indictment until the condition is met (completion of the term of probation). View "United States v. Saiz" on Justia Law