United States v. Stewart

Appellant pleaded guilty to three counts of bank robbery and one count of aiding and abetting the use of a firearm in furtherance of a crime of violence. At issue was whether the district court properly assessed too many criminal history points for appellant's juvenile sentences because they were not "sentence[s] to confinement" under U.S.S.G. 4A1.2(d)(2)(A). The court held that the district court properly assessed appellant's criminal history points where that court heard uncontested testimony that appellant was confined and not free to leave while at certain juvenile facilities. Accordingly, the sentence was affirmed.