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131592P.pdf   08/11/2014  United States  v.  Santonio Parker
   U.S. Court of Appeals Case No:  13-1592
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Chief Judge Riley, Author, with Benton and Kelly, Circuit 
   Judges] 
   Criminal Case - sentence. Noting the ambiguity in the career offender 
   provision of Guidelines sec. 4B1.2(c) relating to the treatment as one 
   sentence the qualifying and non-qualifying conviction imposed on the same 
   day and applying the Rule of Lenity, this court agrees that the district 
   court imposed the most appropriate sentence. The district court's 
   imposition of an upward variance and departure was not procedurally 
   erroneous. The district court did not err in fully accounting for Parker's 
   understated criminal history. Having fully considered the section 3553(a) 
   factors and having made an individualized assessment based on the facts 
   presented, the district court imposed a sentence that was not 
   substantively unreasonable. Judge Benton concurs.