Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Not written by a barrister. The name was thought up by a second-year American law student sitting in a coffeehouse in Manhattan. Neither an authoritative statement of the law nor legal advice. Don't rely. Quick work.
Eigth Circuit: United States v. Charles Ewert
Sentencing
Sentencing guidelines not unconstitutional.
State misdemeanor with penalty of more than a year in prison was properly considered a felony in sentencing.