When does a crime not count as a conviction, yet counts as a prior felony? When the Feds get involved, of course!

Omari Elliot was convicted of two counts of robbery, plus a count of brandishing a firearm during the crime. What was his sentence? Life PLUS 40, thanks to a pair of prior felony convictions under the career offender enhancement. One of those convictions, however, was a sealed youthful offender adjudication.

Penalties of a Misspent Youth

In 2002, at the tender age of 20, Elliot robbed a man at gunpoint, taking $150 in cash and a pack of cigarettes. Instead of hard time, however, his case was disposed of via a youthful offender adjudication, which does not count as a conviction under Alabama law.

State law, however, doesn't control for purposes of the Sentencing Guidelines.

The guidelines define a career offender as someone when (1) he was at least 18 years old at the time of the instant offense; (2) the instant offense was a felony that is either a crime of violence or a controlled substance offense; and (3) he has at least two prior felony convictions.

As for that pesky felony conviction definition, it clearly states, "A conviction for an offense committed at age eighteen or older is an adult conviction." The guidelines also clarify that guilty, guilty pleas, and nolo contendere pleas all count.

So, while Alabama may have labeled him a "youthful offender" or a minor for purposes of that state case, the federal guidelines consider him an adult as of the age of 18. And though the youthful offender adjudication is more of a diversion program than a conviction, per controlling case law, it counts.

It's a problematic holding. Youthful adjudication of cases results in probation and a sealed offense, not a conviction. For young defendants, it removes the incentive to fight the case, yet if they commit further crimes down the line, that missed opportunity to challenge a prior case could lead to a life sentence. 

Omari  has a long list of ways he plans to give back to the community and one dream is to start a program to deter juveniles from crime. He wants to make sure less parents have to suffer as his did. He will start in his hometown Birmingham, AL