Defendant's sentence to 28 months' imprisonment for possession with intent to distribute cocaine base is affirmed as the district court properly attributed six criminal history points to defendant's prior convictions and two additional points under U.S.S.G. section 4A1.1(e) because the instant offense occurred less than two years after his release from his juvenile confinement, for a total of eight criminal history points and a sentencing guidelines range of 24 to 30 months.
Argued: October 13, 2009
Decided and Filed: November 20, 2009
Opinion by Senior District Judge Hood
For Appellant: Mark R. DeVan, Berkman, Gordon, Murray & DeVan
For Appellee: Laura McMullen Ford, Assistant US Attorney