Suspended Sentence Is "Criminal Justice Sentence" Under Guidelines

USv. Brown: Brown pleaded guilty to being a felon in possession of a firearm in 2017. In 2008, he was convicted in Virginia state court of possession with intent to distribute cocaine and sentenced to 10 years in prison, with 8 years and 9 months suspended, provided he maintained “good behavior for ten years upon release.” He was released from custody in 2008. His criminal history score on the firearm charge was enhanced by two points because he committed the offense while still “under a criminal justice sentence.”

The Fourth Circuit affirmed Brown’s sentence, including the two-point enhancement. Brown argued that for the enhancement to apply the sentence must have a “custodial or supervisory component,” which the 10-year “good behavior” period was not. The court disagreed, concluding that although he was not being actively supervised, Brown was “still subject to the authority of the state court, which could revoke the suspended sentence.” It was essentially the same as “unsupervised probation,” which the Guideline commentary specifically includes in the definition of criminal justice sentence.