United States v. Darrell MacKbee

Darrell Mackbee appeals the district court's calculation of his prison sentence pursuant to the Federal Sentencing Guidelines. We review the applicability and constitutionality of the Sentencing Guidelines under a de novo standard of review. United States v. Restrepo, 884 F.2d 1294, 1295 (9th Cir.1939). We affirm.

FACTS

Mackbee was sentenced to 92 months incarceration after pleading guilty to possession of a controlled substance with intent to distribute in violation of 21 U.s.c. § 841(a)(1). Mackbee disputes the district court's calculation of his criminal history category. Pursuant to Section 4A1.1 of the Guidelines, the district court added three points for a prior narcotics conviction that was pending appeal, and two points for a prior juvenile detention sentence. The pri- or narcotics violation resulted in a five year prison term, from which Mackbee was on release pending appeal when the instant violation occurred. The juvenile sentence involved a felony grand theft offense and placed Mackbee in the custody of the California Youth Authority. Mackbee claims that the district court erred in considering these prior sentences in the calculation of his criminal history…