United States v. Carl Chester

MEMORANDUM

Carl Chester was convicted by a jury of three counts of possession with intent to distribute, and distribution of, cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1) (A) (iii). He appeals from his amended sentence of 168 months imposed following the district court’s partial grant of his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Chester argues that he should not have received any criminal history points for (1) several offenses committed while he was between the ages of 18 and 21 because he was not “fully mature” at the time; (2) a 2003 conviction for obstructing a police officer because the offense was not “sophisticated”; and (3) a misdemeanor conviction for domestic violence because it was his first crime of violence. Under the Sentencing Guidelines, however, Chester’s chosen factors are irrelevant to the calculation of criminal history points; his arguments fail.

Next, Chester argues he should not have received any criminal history points for his 2005 conviction for obstructing a police officer arising out of an incident when police officers attempted to stop a speeding truck and…