State Conviction Based on Contemporaneous Conduct Could Be Counted in Criminal History

U.S. v. Griffin, 07-6110 (1/4/08)(unpub'd) - It was okay to count in the defendant's criminal history score the defendant's state conviction for possession of the cocaine that was found at the same time and in the same place as the counterfeiting evidence that formed the basis of his federal counterfeiting conviction. Temporal separation is not required for one offense to be "conduct not part of the instant offense," so as to allow it to be counted for criminal history purposes.