New Mexico  |  Criminal Law

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8/15/11, 11:06 am

Legal Question


if a person is arrested and charged for a violent offense on the state level(state of new mexico)and after defense attorney and prosecutor hash it out , all agree and the defendant plead's out to a non-violent offense@ state court.giving him a non-violent conviction on the charges. while pleading no-contest...Two years later same defendant is arrested on the federal level....how would the federal prosecutor using the federal guidelines scale calculate the prior offense..as a violent, or non-violent prior conviction??for purpose of calculating the defendants criminal history points....in federal court will they count the prior conviction in state court as violent or non-violent offense??


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