Regalado-Frias

MEMORANDUM

Defendant Segundo Regalado-Frias pleaded guilty to two criminal charges for trafficking in methamphetamine. He appeals the sentence imposed by the district court.

Mr. Regalado-Frias received a sentence of 235 months of incarceration. The district judge arrived at this sentence in the following manner: Regalado-Frias had eighteen criminal history points, yielding a criminal history category of six, which indicated a sentencing range of 188 to 235 months, given the drug amounts involved. The district court assigned a sentence at the “upper end” of that range based largely on its assessment of Regalado-Frias *622 criminal history; in its view, the defendant’s willingness to violate the law repeatedly indicated that “leniency was not appropriate at all.” Regalado-Frias appeals the decision to impose a sentence at the upper end of the range because he believes that it impermissibly “double counted” his criminal history.

The cases cited by petitioner in support of this argument examine multiple considerations of the same criminal conduct during the calculation of the appropriate sentencing range under the Guidelines. In contrast, the district court in this case properly…