061006P.pdf   08/15/2006  United States  v.  Christopher Morris
   U.S. Court of Appeals Case No:  06-1006
   Western District of Missouri   
   [PUBLISHED] [Gruender, Author, with Smith and Heaney, Circuit Judges]
   Criminal case - Sentencing. District court erred in its application
   of the armed career criminal guideline because Sec. 4B1.4(b) requires 
   the district court to choose the greatest offense level among the listed
   options, which in this case was 31 and not 33 as determined by the
   district court; as a consequence, the district court applied the wrong
   guidelines sentencing range and failed to adjust defendant's sentence for
   the period of imprisonment already served on his state court conviction;
   on remand, the court should grant defendant an adjustment of his
   sentence for time served on the state court convictions if the court
   determines, pursuant to Sec. 5G1.3(b), that such period of imprisonment
   will not be credited to the federal sentence by the Bureau of Prisons.