In the past month or so, there have been only two summary orders of interest. Here they are:
Guidelines section 4A1.2(c)(2) lists offenses that are too petty to count in the criminal history score, and instructs that offenses “similar to” those on the list are also excluded. In United States v. Muse, No. 08-0831-cr (2d Cir. February 20, 2009), the court rejected the argument that misdemeanor marijuana possession is similar to other offenses on the list, such as “minor traffic infraction or public intoxication.” This has been an open question in this circuit; since a summary order does not have a precedential effect, it is still open.
In United States v. Valle-Iglesias, No. 09-1968-cr (2d Cir. February 13, 2009), the court agreed that a prior conviction for breaking into a commercial office and stealing computer equipment was not a crime of violence under U.S.S.G. § 2L1.2(b).