United States v. Darren McQueen

MEMORANDUM

Darren McQueen appeals the 180-month sentence imposed by the district court following his guilty plea to one count of distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). We have -jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not'commit significant procedural error during sentencing. See Gall v. United States, 552 U.S. 38, 50-51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc). The district court first calculated an appropriate sentence under the Guidelines and then sufficiently explained its reasons for imposing a higher sentence in light of the 18 U.S.C. § 3553 (a) factors. Carty, 520 F.3d at 991-92 . Its failure to consider the applicability of a lower criminal history category before departing upward to criminal history category VI does not constitute error. U.S.S.G. § 4A1.3; see also Gall, 552 U.S. at 51 , 128 S.Ct. 586 . The record reflects that the district court neither relied on McQueen’s history of prior arrests nor double-counted conduct already accounted for when it departed upwards. The district court gave sufficient notice…